* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] NOW, GOOD EVENING [1. CALL TO ORDER] EVERYONE. IT IS, UH, 6:00 PM I'LL CALL THIS MEETING TO ORDER. THIS IS THE REGULAR SESSION FOR INSURED'S PLANNING AND ZONING COMMISSION OF JUNE 5TH, 2024. ITEM NUMBER ONE WAS THE CALL TO ORDER. [2. SEAT ALTERNATE TO ACT IF REQUIRED] ITEM NUMBER TWO IS SEAT ALTERNATE TO ACT IF REQUIRED. WE HAVE BOTH OUR ALTERNATES OF MS. GREG AND MR. WALLACE WITH US THIS EVENING. ITEM NUMBER [3. HEARING OF RESIDENTS] THREE IS A HEARING OF RESIDENCE. THIS TIME IS SET ASIDE FOR ANY PERSON WHO WISHES TO ADDRESS THE PLANNING AND ZONING COMMISSION. EACH PERSON SHOULD FILL OUT THE SPEAKER'S REGISTER PRIOR TO THE MEETING. PRESENTATION SHOULD BE LIMITED TO MORE THAN THREE MINUTES. DISCUSSION BY THE COMMISSION OF ANY ITEM NOT ON THE AGENDA SHALL BE LIMITED TO STATEMENTS OF SPECIFIC FACTUAL INFORMATION GIVEN IN RESPONSE TO ANY INQUIRY, A RECITATION OF EXISTING POLICY IN RESPONSE TO OTHER INQUIRY AND OR PROPOSAL TO PLACE THE ITEM ON A FUTURE AGENDA. IN OTHER WORDS, WE CAN'T REALLY GET IN A TWO WAY. UM, THE PRESIDING OFFICER DURING THE HEARING OF RESIDENCE PORTION OF THE AGENDA WILL CALL ON THOSE PERSONS WHO HAVE SIGNED UP TO SPEAK IN THE ORDER THEY HAVE REGISTERED MARY SANBORN. OKAY, IT'S MARY SANBORN AT FOUR FOUR SIX TWO BRUSH CREEK DRIVE. SO, UM, THE REASON I'M HERE TONIGHT IS 'CAUSE I WAS HERE LAST NIGHT FOR THE COUNCIL MEETING MEETING IN REGARD TO THE PUBLIC HEARING FOR ORDINANCE 24 DASH S DASH 26 FOR A SPECIFIC USE PERMIT FOR A MIXED USE CELL STORAGE. UM, MY ISSUE WITH THAT IS IT SEEMS, AND I'M NOT SURE I'VE NOT BEEN TO ONE OF THESE, YOUR COMMISSIONERS, AND THANK YOU FOR ALLOWING ME TO SPEAK, BUT, UM, THE PLANNING AND ZONING, SO WITH THAT PARTICULAR PROJECT WAS, UM, FOR AREA THAT'S ALREADY ZONED GB, UNDERSTAND THEY HAVE THE OPTION TO PUT THAT STRIP, UH, THEY HAVE A STRIP RETAIL THAT THEY'RE PROPOSING. BUT WHAT I THOUGHT WAS WRONG, AND IT IT UNDERMINES MY CONFIDENCE IN BOTH THE COUNCILMAN AND THIS PLANNING AND ZONING, IS THE PRESENTATION OF THIS PARTICULAR, UM, REQUEST WAS JUST FOR THAT MIXED USE SELF STORAGE WITHOUT REALLY OUTLINING THE WHOLE PICTURE, WHICH WASN'T OUTLINED UNTIL LAST NIGHT. AND OBVIOUSLY YOU ALL SUPPORTED IT BECAUSE I HAD TO GO THROUGH YOU FIRST. IS THAT CORRECT? YOU SUPPORT IT AND THEN YOU GIVE IT TO THE COUNCIL MEMBERS TO VOTE ON. WELL, I FELT THAT YOUR UDC SECTION 21.5 11 D WHERE YOU WERE SUPPOSED TO TAKE, UM, SENDING AND MAKING ITS RECOMMENDATION, THE FINAL ACTION ON SPECIFIC USE PERMITS SHOULD CONSIDER THE FOLLOW CRITERIA, THE DOCUMENTATION THAT WAS PROVIDED. SO THERE WAS NO IMPACT. UM, WE ALREADY KNOW THERE'S AN IMPACT OF 3 0 0 9. I LIVE IN THE FOREST RIDGE SUBDIVISION. THAT WILL BE ACROSS FROM THAT. WE ALREADY HAVE, UM, SOME, UH, NEIGHBORHOOD SERVICES ALREADY IDENTIFIED IN FRONT OF OUR NEIGHBORHOOD. NOW, WITH THAT ADDITIONAL ON THE OTHER SIDE, THERE'S BEEN NO MITIGATION FOR THE TRAFFIC AND THE PLANNING AND THE, AND THE PROCESS OF THAT. AND WE ARE DETRIMENTALLY AFFECTED WHERE YOU DID NOT TAKE IN ANY OF THESE, UH, THESE CONSIDERATIONS, UM, FOR THE COMPATIBILITY TO PRESERVE YOU NOT ONLY ALLOWED ADDITIONAL GREEN SPACE TO BE REMOVED, YOU HAVE NOW MORE IMPERMEABLE SURFACES FOR MORE RUNOFF. THEY SUPPOSEDLY SAID THAT THEY'RE THE, UH, LIKE A STORM WATER MANAGEMENT'S GONNA BE UNDER THE BUILDING. UH, I'M JUST BEGGING YOU, I DON'T UNDERSTAND HOW YOU ALL COULD HAVE SUPPORTED SUCH A SPECIFIC USE PERMIT. UM, YOU DIDN'T MEET THE CRITERIA OF PRESERVING THE CHARACTER AND INTEGRITY OF, UM, ADJACENT DEVELOPMENTS IN NEIGHBORHOODS, UM, MITIGATING DEVELOPMENT RELATED ADVERSE IMPACTS SUCH AS TRAFFIC, SAFETY, NOISE, ODORS, DRAINAGE. CAN YOU ANSWER TO WHY YOU DIDN'T TAKE INTO CONSIDERATION YOUR OWN UDC WHEN MAKING THAT RECOMMENDATION TO THE COUNCIL TO APPROVE? ALRIGHT, CAN YOU ANSWER THAT? NO, I, I READ YOU THE, THE RULES FOR THIS. OKAY. YOU TALK AND WHEN YOU'RE DONE, OKAY. IT'S NOT A TWO-WAY CONVERSATION AT THIS POINT. SO I JUST SAID YES OR NO WAS HOPEFULLY, BUT, UM, AND IT SEEMED LIKE YESTERDAY IT WAS ALSO A, A VERY INTERESTING AND WORRISOME, AGAIN, FOR THE TRUST OF THE CONFIDENCE OF THE PUBLIC TO Y'ALL'S ABILITIES AND ACTIONS. SEVERAL PEOPLE STOOD UP AND SPOKE THAT THE, UM, PROPOSED DEVELOPERS WERE PRESSURING INDIVIDUALS MAKING STATEMENTS THAT THEY HAD YOU ALL IN THEIR POCKET COMMISSIONERS, INDOOR COUNCIL MEMBERS. [00:05:01] SO I'M NOT SURE WHERE THAT COMES FROM. I KNOW YOU ROLL YOUR EYES AND YOU MAKE THOSE STATEMENTS, BUT I'VE HAD THAT DEAL WITH BEFORE HERE IN THIS CITY OF CHURCH, IT'S BEEN HERE 20 YEARS, THERE HAS BEEN PRESSURE, THERE'S BEEN SUPPORT THAT NOT NECESSARILY WAS THE BENEFIT OF THE PUBLIC, BUT WAS MORE OF A BENEFIT. I DON'T KNOW TO WHOM AND WHY AND HOW, BUT THIS IS A CONCERN. I MEAN, I, I DON'T KNOW ABOUT YOU, BUT THE TRAFFIC ON 3 0 0 9 AND, AND THE MITIGATION AND GOING AHEAD AND UTILIZING, NOT REALLY FOLLOWING YOUR OWN UDC. SO I JUST BEG IT TO UNDERSTAND HOW YOU MOVE FORWARD WITH THE ADDITIONAL PLANNING, ESPECIALLY WITH TODAY'S MEETING, HAVE AN ADDITIONAL, UM, ON THE AGENDA FOR STORAGE UNITS, HOW MANY STORAGE UNITS DO WE NEED IN THE CITY OF CHURCH? AND WE HAVEN'T HAD THEM FOR 20 YEARS. SO I GUESS THAT'S ALL I NEED TO SAY BECAUSE IT DOESN'T SEEM LIKE I'M GONNA GET ANYWHERE. IT JUST SEEMS LIKE IT, YOU ALL MAKE DECISIONS WITHOUT REALLY TAKING IN CONCERNS. AND I FIND THAT WORRISOME FROM A RESIDENT AND PLAN TO BE A CONTINUED RESIDENT OF SHIRTS, EVEN IF IT SEEMS TO BE TRANSITORY, IT, IT DOESN'T MAKE SENSE TO ME. SO WHATEVER YOU CAN SHED LIGHT OR MOVING FORWARD, UM, WITH YOUR RECOMMENDATIONS TO THE COUNCIL, TAKE MORE CONSIDERATION OF YOUR OWN UDC. THANK YOU. ALRIGHT. THANK YOU. AND, UM, YOU KNOW, YOU'RE ENTITLED TO YOUR OPINION. HANG ON, SIR. PUT YOUR, PUT YOUR HAND DOWN. OKAY. UM, I DON'T NECESSARILY AGREE WITH YOUR OPINION. YOU'RE ENTITLED TO IT. UM, AS FAR AS NOT GETTING ANYWHERE, YOU'RE RIGHT, BECAUSE THIS ISSUE IS GONE. IT JUST, IT'S NOT, YOU KNOW, IT NO, NOW THIS IS, IT'S MY TURN TO TALK. OKAY. YOU'RE ABSOLUTELY RIGHT. THE SYSTEM IS, IT COMES TO US. WE MAKE A RECOMMENDATION ONCE IT LEAVES HERE AND GOES TO CITY COUNCIL. WE CAN'T CALL IT BACK. YOU KNOW, EVEN IF YOU STOOD THERE AND CONVINCED ALL OF US THAT WE WERE WRONG, WE CAN'T CHANGE IT NOW. WE CAN CERTAINLY TAKE YOUR COMMENTS TO HEART ON FUTURE ISSUES AND, YOU KNOW, WE'LL, WE'LL GIVE THAT SOME CONSIDERATION. OKAY. NOW, SIR, YOU RAISED YOUR HAND. WHAT FOR, UM, I WONDER IF THIS BEING AN OLD SENIOR CITIZEN THAT'S NEVER SPOKEN THEN BEFORE, COULD I GET ON THE LIST TO SPEAK? YES. COME ON UP. JUST GIVE, GIVE ME YOUR NO, THAT'S ALL RIGHT. YOU CAN JUST COME ON UP. GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. AND, AND, AND TIFFANY, YOU'LL NOT HERE. TIFFANY, YOU'LL CATCH IT OVER HERE. I FEEL LIKE I'M MUTING IT. . THAT'S FINE. OKAY. MY NAME IS CHARLES LOVETT AND, UM, PROPERTIES WE OWN ARE ON, UM, THE SOUTH SIDE OF FM 1518. THE ONE THAT IS PRINCIPALLY INSURED IS 2305 FM 1518. AND, UM, MY WIFE AND I HAVE FILLED IN ALL OF THESE. SHOULD I PASSING THESE INTO SOMETHING? YEAH, JUST, JUST HAND 'EM UP HERE AND WE'LL, ALRIGHT. THIS IS, UM, THOSE ARE FOR ALL THE FOUR PROPERTIES THAT WE OWN. UM, WE, WE THOUGHT, OH, OKAY. WE HAD TO SIGN ONE FOR EACH ONE. I'LL PUT ONE HERE. ONE. SO WE DID SIGN ONE FOR EACH ONE. ALL RIGHT. GO AHEAD. NO, UM, NO, I JUST, I WAS, LEAVE THAT THERE FOR THE, FOR THE LADIES THERE. SO, SO THREE MINUTES. GO AHEAD. UM, MY WIFE AND I ARE VERY CONCERNED HERE. WE SPENT WELL OVER, UM, TWO THIRDS OF A MILLION DOLLARS FIXING UP THAT PROPERTY COMMISSIONERS ON THE, UM, AT THE 2305. I DON'T KNOW IF YOU REMEMBER IT. IT WAS A VERY FADED OLD YELLOW, IT KINDA LOOKED LIKE A MOBILE HOME. IT WASN'T, IT WAS BUILT BY A DEVELOPER BACK IN THE LATE, UH, SIXTIES IN 1969. BUT IN ANY CASE, UH, MY WIFE BOUGHT IT OVER AS, UM, SHE HAS THE BEAUTIFUL STONE HOUSE SALON ON FM 1518, AND WE HAVE BOUGHT OTHER PROPERTIES AND TRIED TO CLEAN THEM UP AND, AND, UM, REHAB THEM AS MUCH AS WE CAN. BUT THE BIGGEST EFFORT THAT WE'D EVER PUT IN WAS AT THAT 2305, AND WE'VE TURNED IT INTO A VERY SUCCESSFUL AIRBNB. UM, NOW YOU WOULDN'T THINK THAT A LOT OF PEOPLE WANT TO COME TO BEAUTIFUL SHIRTS TO FOR A VACATION, BUT THEY'RE DOING FABULOUSLY. WELL, IT'S THE, UM, IT'S THE MOST SUCCESSFUL RENTAL PROPERTY WE'VE EVER, UH, PUT TOGETHER, BUT WE, WE DID SPEND AN ABSOLUTE FORTUNE. IT'S THE FIRST PROPERTY MY WIFE EVER DECORATED. SHE DID A FABULOUS JOB, AND I'D BE GLAD TO TOUR YOU ALL THROUGH IT SOMEDAY. BUT THE BOTTOM LINE IS, UM, THE PROPOSAL THAT YOU PUT A GAS STATION AND A CONVENIENCE STORE DIRECTLY ACROSS THE STREET IS OF GREAT CONCERN TO US. UM, THE FRONT WINDOW GOES INTO THE MASTER BEDROOM, THE FRONT WINDOW ON THIS PROPERTY GOES INTO THE MASTER BEDROOM, AND THE LIGHTS THAT WERE ON 24 HOURS A DAY ON [00:10:01] A GAS STATION, I THINK WOULD BE TOTALLY, UM, RUINED AS TO OUR BUSINESS, UM, TO THE SUCCESS OF OUR AIRBNB. IT'S ON A NICE TWO ACRE LOT THAT'S, UM, QUIET AND FIXED UP AND IS DOING VERY, VERY WELL, UH, FOR US. UM, THE OTHER ISSUE THAT I'D ASK YOU TO CONSIDER IS JUST UP THE STREET NOW. YES, IT'S NOT IN INSUREDS AND MAYBE YOU DON'T HAVE ANY CONCERNS FOR THAT, BUT THERE'S A GENTLEMAN UP THE STREET, SPENT OVER $2 MILLION BUILDING THE NICEST SELECT STOP, EIGHT PUMP GAS STATION, VALERO GAS STATION, NOT A OUT OF THE COUNTRY, UH, GAS COMPANY OR NOT, UH, SOMETHING FROM OUT OF SAN ANTONIO, BUT A VALERO PUMP, UH, GAS STATION AND A FABULOUS, HAVE YOU, HAVE YOU EVER BEEN IN THAT LITTLE, UH, STOP AND GO YOU OR SELECT STOP, YOU KNOW, THAT IT IS ONE OF THE TIDIEST AND CLEANEST WITH A, UH, A WALK-IN, UH, REFRIGERATED SECTION FOR BEER AND FOR WINE AND EVERYTHING ELSE. IT'S JUST A TREMENDOUS, UM, HE PUT A FABULOUS INVESTMENT INTO 15, 18 AND WHICH IS SERVING ALL THE COMMUNITY. I MEAN, YES, THERE ARE CONVENIENCE STORES DOWN. OOPS. YES, THERE ARE CONVENIENCE STORES DOWNTOWN, BUT THIS IS THE NICEST ONE. AND I KIND OF THINK IT WOULD BE NOT ONLY A SHAME TO MY BUSINESS, BUT SHAME TO, UM, TO HIS BUSINESS AS WELL. UM, OKAY. LET ME, UM, WE'RE A, WE'RE ASKING YOU THAT YOU RECOMMEND ABSOLUTELY NO AND DENY ANY APPLICATION WE'RE UP TO. OKAY. WHAT, WHAT I WAS GONNA SAY, UM, IS THAT THE ISSUE YOU'RE ADDRESSING IS A PUBLIC HEARING. SO WHEN THAT HEARING COMES BACK UP, YOU'LL HAVE ANOTHER OPPORTUNITY IF YOU, IF YOU DIDN'T QUITE GET, OKAY. IN OTHER WORDS, YOU'LL HAVE ANOTHER CHANCE TO SPEAK TONIGHT IF YOU HAVE ANYTHING THAT YOU WANT TO THAT, THAT YOU DIDN'T SAY. OKAY. SO YOU'RE, YOU'RE TALKING ABOUT THE ISSUES. I CAN'T CONTINUE OR I CAN'T CONTINUE? NOT RIGHT NOW. OH, OKAY. OKAY. BUT WHEN IT COME, WHEN IT COMES UP ON THE AGENDA, THAT WILL BE AN OPEN, ONCE AGAIN, IT'S A PUBLIC HEARING. PEOPLE WILL HAVE A CHANCE TO, TO SPEAK. OKAY. WELL, THANK YOU FOR ALLOWING ME TO SPEAK. I APPRECIATE IT, COMMISSIONER. THERE'S A LOT. THANK YOU. WELL, I, I ASSUMED YOU IF I'D KNOWN IT WAS A, IT WAS ABOUT WHAT'S ON THE, THE PUBLIC HEARING. I WOULD'VE TOLD YOU TO WAIT, BUT TOLD YOU TO SIT DOWN AND SHUT UP. BUT NO, YOU CAN STILL TELL ME THAT. , THANK YOU VERY MUCH FOR LISTENING. HOPE FOR NOW ANYWAY. OKAY? YES. ALL RIGHT. THANK YOU. ANYBODY ELSE KNOW? OKAY. BUT YEAH. OKAY. ALL RIGHTY. UM, ITEM NUMBER FOUR IS OUR CONSENT AGENDA. [4. CONSENT AGENDA] WE HAVE TWO ITEMS ON THAT AGENDA TONIGHT. ITEM FOUR A IS THE MINUTES FOR THE MAY 8TH, 2024 REGULAR MEETING. AND ITEM FOUR B IS THE MINUTES FOR THE MAY 15TH, 2024 SPECIAL MEETING. UH, THERE'S NO DISCUSSION ON CONSENT AGENDA. SO COMMISSIONERS, DO WE NEED TO PULL EITHER OR BOTH OF THOSE ITEMS FOR DISCUSSION? IF NOT, CAN I HAVE A MOTION TO APPROVE THE CONSENT AGENDA I MAKE, SO MOTION TO APPROVE THE CONSENT AGENDA. SECOND. ALRIGHT. HAVING TROUBLE HEARING YOU TONIGHT, PATRICK, BUT, ALL RIGHT. I HAVE A MOTION TO APPROVE THE CONSENT AGENDA FROM COMMISSIONER MCMASTER. SECOND, I THINK, UH, MR. WALLACE BEAT YOU TO IT, RIGHT? WHO? THEY'RE BEING QUIET DOWN THERE TONIGHT. I, I DON'T KNOW WHAT THE, I CAN'T HEAR YOU. ALRIGHT. THERE'S NO, THERE'S NO, UM, NO DISCUSSION. SO PLEASE RECORD YOUR VOTES. ALL RIGHT. I HAVE SEVEN VOTES RECORDED. WOULD YOU PUBLISH THAT VOTE PLEASE. WE HAVE SEVEN AYES, NONE OPPOSED THAT MOTION PASSES. ITEM NUMBER FIVE, PUBLIC [5. PUBLIC HEARING] HEARINGS. THE PLANNING ZONING COMMISSION WILL HOLD A PUBLIC HEARING RELATED TO ZONE CHANGE REQUEST, SPECIFIC USE PERMIT REQUEST, AND UNIFIED DEVELOPMENT CODE AMENDMENTS. WITH THIS AGENDA, THE PUBLIC HEARING WILL BE OPEN TO RECEIVE A REPORT FROM STAFF, THE APPLICANT, THE ADJOINING PROPERTY OWNERS AFFECTED BY THE APPLICANT'S REQUEST, AND ANY OTHER INTERESTED PERSONS UPON COMPLETION. THE PUBLIC HEARING WILL BE CLOSED. THE COMMISSION WILL DISCUSS AND CONSIDER THE APPLICATION AND MAY REQUEST ADDITIONAL INFORMATION FROM STAFF OR THE APPLICANT IF REQUIRED. AFTER DELIBERATION, THE COMMISSION IS ASKED TO CONSIDER AND ACT UPON THE FOLLOWING REQUESTS AND MAKE A RECOMMENDATION TO THE CITY COUNCIL IF NECESSARY. ITEM, WE'LL START WITH ITEM FIVE A-P-L-Z-C 2 2 4 0 0 9 5. HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION ON A REQUEST TO REZONE APPROXIMATELY ONE ACRE OF LAND FROM PRE-DEVELOPMENT TO SINGLE FAMILY RESIDENTIAL AGRICULTURAL DECISION DISTRICT KNOWN AS COUNTY PROPERTY IDENTIFICATION NUMBER 3 0 8 4 9 7. MORE SPECIFICALLY KNOWN AS 1 1 6 3 9 PASS, CITY OF CHARLOTTES BEXAR COUNTY, TEXAS. [00:15:02] GOOD EVENING. PLZC 20 24 0 0 9 5. ZONE CHANGE FROM PRE-DEVELOPMENT DISTRICT TO SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT ON APPROXIMATELY ONE ACRE DAISY MARQUEZ PLANNER. HERE IS THE SUBJECT PROPERTY OUTLINED IN GREEN. IT IS APPROXIMATELY ONE ACRE. IT IS BEAR PROPERTY IDENTIFICATION NUMBER 3 0 8 4 9 7, ALSO KNOWN AS 1 1 6 3 9 VOS PASS. IT IS CURRENTLY UNDEVELOPED. UM, THE EXISTING ZONING DESIGNATION THAT IT HAS IS PRE-DEVELOPMENT DISTRICT TO THE NORTH. IT IS ALSO DESIGNATED AS PRE-DEVELOPMENT DISTRICT. TO THE SOUTH IS THE CITY OF SHIRTS. ETJ TO THE EAST IS PRE-DEVELOPMENT DISTRICT AND TO THE WEST. UM, AS YOU MAY RECOGNIZE, WAS RECENTLY APPROVED AS SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT RA ON MAY 20TH. WE SENT OUT A TOTAL OF SEVEN PUBLIC HEARING NOTICES TO EVERYONE WITHIN THAT 200 FOOT BUFFER. WE RECEIVED ZERO RESPONSES. ONE SIGN WAS POSTED ON THE PROPERTY BY THE APPLICANT AND IT IS TENTATIVELY SCHEDULED FOR THE JULY 2ND CITY COUNCIL MEETING FOR THE FIRST HEARING. UH, UDC SECTION 10 0 1 54 STATES THAT A ZONE CHANGE IS REQUIRED TO ESTABLISH THE USE OF LAND IN THE DEVELOPMENT ASSOCIATED WITH THE PROPOSED ZONING CLASSIFICATION FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING SOUND STABLE AND DESIRABLE DEVELOPMENT. AGAIN, THIS PROPOSED ZONE CHANGE IS FOR APPROXIMATELY ONE AC OF LAND TO SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT. AND AGAIN, WHEN WE LOOK AT ZONE CHANGES, WE LOOK AT UDC, SECTION 2154 D FOR THE CRITERIA OF APPROVAL. SO ONE, WHETHER THE PROPOSED ZONE CHANGE OR ZONING MAP AMENDMENT IMPLEMENTS THE POLICIES OF THE ADOPTED COMPREHENSIVE LAND PLAN, INCLUDING THE LAND USE CLASSIFICATION OF THE PROPERTY ON THE FUTURE LAND USE MAP. SO YES, THE PROPOSED SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT RA DOES IMPLEMENT THE POLICIES OF THE COMP PLAN. THE SUBJECT PROPERTY IS DESIGNATED AS COMPLETE NEIGHBORHOOD IN THE COMP PLAN, FUTURE LAND USE MAP, AND THE COMP, THE COMPLETE NEIGHBORHOOD LAND USE DESIGNATION IS IDENTIFIED AS A MIXTURE OF HOUSING OPTIONS AND SUPPORTING LAND USES. UH, BUT ADDITIONALLY, THE COMPREHENSIVE LAND USE PLAN STIPULATES THAT WHEN CONSIDERING APPROPRIATENESS OF HOUSING DENSITY FACTORS SUCH AS ROADWAY CLASSIFICATION AND CONFLICTS AMONG LAND USES AND BUILDINGS SHOULD BE CONSIDERED. THE SUBJECT PROPERTY IS CURRENTLY UNDEVELOPED UNPLED AND HAS ACCESS FROM A PRIVATE ROAD AND IS SURROUNDED BY EXISTING AGRICULTURAL USES AND AGRICULTURAL HOMES. SO DUE TO THIS LOCATION OF THE SUBJECT PROPERTY, THE CURRENT ZONING DESIGNATIONS OF SURROUNDING PROPERTIES AND ACCESS, THE PROPOSED SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT AT THE SUBJECT PROPERTY DOES IMPLEMENT THE POLICIES OF THE COMPREHENSIVE LAND USE PLAN AND THE COMPLETE NEIGHBORHOOD LAND USE DESIGNATION OF THE FUTURE LAND USE MAP TWO, WHETHER THE PROPOSED ZONING CHANGE OR ZONING MAP AMENDMENT PROMOTES THE HEALTH, SAFETY OR GENERAL WELFARE OF THE CITY'S SAFE OR EFFICIENT AND HELPFUL DEVELOPMENT OF THE CITY. AND AS PART OF PROMOTING HEALTH, SAFETY AND WELFARE, THE CITY SHOULD ENCOURAGE DEVELOPMENT COMPATIBLE WITH SURROUNDING USES, UTILIZING STANDARDS AND TRANSITIONAL USES TO ALLEVIATE NEGATIVE IMPACTS THE PROPOSED SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT DIMENSION AND DEVELOPMENT STANDARDS AS STATED UDC SECTION 2157 A AND EN LISTED HERE IN THIS TABLE OF THE UDC ARE COMPATIBLE WITH WHAT IS IMMEDIATELY IN THE SURROUNDING AREA. THREE. WHETHER THE USES PERMITTED BY THE PROPOSED CHANGE IN ZONING DISTRICT CLASSIFICATION AND THE STANDARDS APPLICABLE TO SUCH USES WILL BE APPROPRIATE IN THE IMMEDIATE AREA OF THE LAND TO BE RECLASSIFIED. YES, THE USES PERMITTED IN SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT ARE APPROPRIATE WITHIN THE IMMEDIATE AREA OF THE LAND TO BE RECLASSIFIED. THE PURPOSE AND INTENT OF THE SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT IS TO PROVIDE AREAS IN WHICH AGRICULTURAL LAND MAY BE HELD IN SUCH USE FOR AS LONG AS PRACTICAL AND REASONABLE WITH RESIDENCES, A MINIMUM OF HALF ACRE AND SIZE, AND WHERE DEVELOPMENT IS PREMATURE DUE TO LACK OF UTILITIES CAPACITY OR SERVICES. AS PER UDC SECTION 2155, A MAJORITY OF THE SURROUNDING PROPERTIES ARE ZONED PRE-DEVELOPMENT DISTRICT AND ARE USED FOR SINGLE FAMILY RESIDENTIAL WITH AGRICULTURAL FOUR. WHETHER THE PROPOSED CHANGE IS IN ACCORD WITH ANY EXISTING OR PROPOSED PLANS FOR PROVIDING PUBLIC SCHOOL STREETS, WATER SUPPLY, SANITY SERIES, OR OTHER PUBLIC SERVICES AND UTILITIES TO THE AREA. SO THERE'S NO EXISTING DEVELOPMENT ON THE SUBJECT PROPERTY AND THE APPLICANT DOES NOT HAVE ANY PLANS FOR DEVELOPMENT AT THIS TIME. UH, A PUBLIC HEARING NOTICE WAS MAILED TO THE SHIRT BELOW UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT TO NOTIFY THEM OF THE PROPOSED ZONE CHANGE. AND AGAIN, UH, ATTACHMENTS ARE INCLUDED TO THE, IN THE STAFF REPORT OF THE MOST RECENT DEMOGRAPHIC REPORT FOR S-C-U-C-I-S-D, AS WELL AS THE MOST RECENT TENURE CAMPUS FORECASTING PRESENTATION. FIVE. WHETHER THERE HAVE BEEN ANY ENVIRONMENTAL AND OR ECONOMICAL CHANGES WHICH WARRANT THE REQUESTED CHANGE, NO. THERE HAVE BEEN NO ENVIRONMENTAL OR ECONOMICAL CHANGES THAT WARRANT THE REQUESTED ZONE CHANGE. THE SUBJECT PROPERTY HAS BEEN DESIGNATED AS PRE-DEVELOPMENT DISTRICT AND WAS GIVEN THIS DESIGNATION LIKE MANY OTHER PROPERTIES IN THIS AREA, IN SOUTHERN SHIRTS AFTER ITS ANNEXATION [00:20:02] SIX, WHERE THERE'S AN ERROR IN THE ORIGINAL ZONING OF THE PROPERTY FOR WHICH THE CHANGE IS REQUESTED. NO, THERE WAS NO ERROR IN THE ORIGINAL ZONING OF THE PROPERTY. LIKE I SAID, THE PRE-DEVELOPMENT DISTRICT ZONING DESIGNATION IS INTENDED AS A PLACEHOLDER AS PER UDC SECTION 2155 A. AND WHETHER ALL THE APPLICANT'S BACK TEST OWED TO THE CITY HAVE BEEN PAID IN FULL, THIS DOES NOT IMPACT THE PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL A, WHICH WHETHER OTHER CRITERIA ARE MET, WHICH AT THE DISCRETION OF THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL ARE DEEMED RELEVANT AND IMPORTANT CONSIDERATION OF THE AMENDMENT. SO STAFF HAS ENSURE ALL ITY REQUIREMENTS HAVE BEEN MET FOR THE PROPOSED ZONING CHANGE, AND AT THIS TIME HAVE NOT RECEIVED ANY SPECIAL CONSIDERATIONS FROM THE PLANNING AND ZONING COMMISSION OR CITY COUNCIL. SO STAFF RECOMMENDS, UM, THAT THE PROPOSED ZONE CHANGE TO SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT IS COMPATIBLE WITH THE COMPREHENSIVE LAND USE MAP, FUTURE LAND USE, FUTURE LAND USE, COMPREHENSIVE LAND USE PLAN, FUTURE LAND USE MAP, AND IS APPROPRIATE WITHIN THE MEDIA AREA OF THE SUBJECT PROPERTY. SO STAFF RECOMMENDS APPROVAL OF PLCC 20 24 0 0 9 5, UH, COMMENTS OR QUESTIONS. AND THEN THE PROPERTY OWNER, MS. JOHNSON, IS HERE, BUT SHE DOESN'T HAVE ANYTHING PREPARED. OKAY. SHE'S JUST HERE TO LISTEN. ALRIGHT, THANK YOU. THIS IS ON THE AGENDA AS A PUBLIC HEARING. IT IS, UH, SIX 20 AND I WILL OPEN THIS MEETING FOR PUBLIC COMMENT. ANYONE WISHING TO ADDRESS THE COUNCIL OR THE COMMISSION ON THIS PARTICULAR TOPIC IS WELCOME TO STEP UP TO THE DEUS. PLEASE GIVE YOUR NAME AND ADDRESS FOR THE RECORD YOU WANT, YOU HAVE ANYTHING YOU WANNA DO IT AGAIN? REGARDS TO MY PROPERTY? PROPERTY THAT I'M TALKING. OH, I'M SORRY. OKAY. I'M GETTING AHEAD NOW. OKAY. YEAH, NOBODY, THANK YOU. . NOBODY. ALL RIGHT. UH, EIGHT 20 OR 6 21 AND THE PUBLIC INPUT IS CLOSED. COMMISSIONERS, COMMENTS, QUESTIONS, DISCUSSION. NOBODY. ALL RIGHT. THIS IS A, UM, UM, I DID WANT TO, I HAVE ONE QUESTION. WE, A COUPLE MEETINGS AGO, WE, WE, WE REZONED SOMETHING RIGHT IN HERE. WAS THAT THE ONE ACROSS THE STREET OR? IT'S THE ONE RIGHT NEXT TO IT. OH, OKAY. SO THEY'RE NEIGHBORS. YES. MS. JOHNSON WAS ACTUALLY HERE FOR THAT P AND T MEETING AS WELL. OKAY. ALRIGHT. AND THIS WAS REQUESTED BY THE OWNER? YES, SIR. OKAY. ALRIGHT. COMMISSIONERS, IF WE HAVE NO DISCUSSION, THIS IS A RECOMMENDATION TO CITY COUNCIL. WE CAN RECOMMEND APPROVAL, WE CAN RECOMMEND DENIAL, WE CAN RECOMMEND APPROVAL WITH CONDITIONS. SOMEONE LIKE TO MAKE A MOTION. YEAH, I'LL MAKE A MOTION. WE RECOMMEND APPROVAL OF APPEAL. CC 2 2 4 0 0 9 5 SECOND. WHERE'D THE SECOND COME FROM? JUDY. OKAY. ALRIGHT. I HAVE A MOTION AND A SECOND TO RECOMMEND APPROVAL TO CITY COUNCIL. ANY FURTHER DISCUSSION, PLEASE RECORD YOUR VOTES. OH, HANG ON A SECOND. I DIDN'T ERASE 'EM FROM THE LAST TIME. I'M ALRIGHT, GO AHEAD. ALRIGHT. I HAVE SEVEN VOTES. CAN YOU PUBLISH THAT VOTE PLEASE. WE HAVE SEVEN AYES, NONE OPPOSED THAT MOTION PASSES. ALRIGHT. GOING TO DO SO I DON'T FORGET THAT AGAIN. ALL RIGHT. UH, FIVE BPZC 2 24 0 0 9 8. HOLD THE PUBLIC HEARING TO MAKE A RECOMMENDATION ON A REQUEST TO REZONE APPROXIMATELY 3.6 ACRES OF LAND FROM PRE-DEVELOPMENT DISTRICT TO SINGLE FAMILY RESIDENTIAL SLASH AGRICULTURAL DISTRICT, KNOWN AS KAMAU COUNTY PROPERTY IDENTIFICATION NUMBER 7 8 9 4 0, MORE SPECIFICALLY KNOWN AS 6 6 9 1 FM 4 82 NEW BRAUNFELS, KAMAU COUNTY, TEXAS. GOOD EVENING COMMISSIONERS. PLZC 2 2 4 0 0 9 8. A ZONE CHANGE REQUEST FROM PRE-DEVELOPMENT DISTRICT TO SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT ON APPROXIMATELY 3.6 ACRES DAYS, YOU MARQUEZ PLANNER. HERE'S THE SUBJECT PROPERTY OUTLINED IN GREEN. IT IS AGAIN, APPROXIMATELY 3.6 ACRES, KAMEL PID 7 8 9 4 0, ALSO KNOWN AS 6 6 9 1 FM 4 82. IT IS CURRENTLY A RESIDENCE AND THE EXISTING ZONING, UM, IS PRE-DEVELOPMENT. SO AGAIN, IT [00:25:01] HAS THAT PRE-DEVELOPMENT DISTRICT DESIGNATION TO THE NORTH WE HAVE FM 4 82 TO THE SOUTH, WE HAVE THE, UM, THE RAILROAD TRACKS, AND THEN HERE TO THE LEFT WE HAVE FREEZE IN HAN LANE. AND THEN TO THE RIGHT WE HAVE MORE PROPERTIES THAT HAVE THAT PRE-DEVELOPMENT DISTRICT ZONING DESIGNATION. AND THEN UP HERE IN THIS CORNER, UM, THIS SCHOOL IS A JOHN PAUL II CATHOLIC HIGH SCHOOL. SO ON MAY 20 20TH, UM, WE SENT OUT A TOTAL OF NINE PUBLIC HEARING NOTICES. AS OF 5 31, WE HAVE RECEIVED ONE IN FAVOR FROM ONE OF THE NEIGHBORS, AND ONE SIGN WAS POSTED ON THE PROPERTY BY THE APPLICANT. AND AGAIN, THIS ONE IS ALSO TENTATIVELY SCHEDULED FOR THE JULY 2ND CITY COUNCIL MEETING. SO WHEN IT COMES TO ZONE CHANGES, UDC SECTION TEN ONE FIFTY FOUR STATES THAT A ZONE CHANGE IS REQUIRED TO ESTABLISH THE USE OF LAND AND THE DEVELOPMENT ASSOCIATED WITH THE PROPOSED ZONING CLASSIFICATION FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING SOUND STABLE AND DESIRABLE DEVELOPMENT. THE PROPOSED ZONE CHANGES FOR APPROXIMATELY 3.6 ACRES OF LAND TO SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT. AGAIN, WE LOOK AT UDC, SECTION 2 1 5 4 D FOR THE CRITERIA FOR APPROVAL. ONE, WHETHER THE PROPOSED ZONE CHANGES ZONING MAP AMENDMENT IMPLEMENTS THE POLICIES OF THE ADOPTED COMPREHENSIVE LAND PLAN, INCLUDING THE LAND USE CLASSIFICATION OF THE PROPERTY ON THE FUTURE LAND USE MAP. SO THE SUBJECT PROPERTY IS DESIGNATED AS LOCAL CORRIDOR IN THE COMP PLAN AND LOCAL CORRIDORS DESCRIBED AS AREAS WITH LOCALLY ORIENTED COMMERCIAL ENTERTAINMENT AREAS COMPATIBLE WITH THE MIX OF RESIDENTIAL, WITH THE DEVELOPMENT RATIO OF 20% RESIDENTIAL AND 80% NON-RESIDENTIAL DEVELOPMENT. AND ALTHOUGH SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT DOES NOT ALLOW FOR COMMERCIAL ENTERTAINMENT USES, THE SUBJECT PROPERTY AND MEDIA AREA CONSISTS OF AGRICULTURAL USES IN RURAL RESIDENCES. SO THIS PROPERTY IS CURRENTLY A RESIDENCE AND NO DEVELOPMENT IS BEING PROPOSED AND THE MEDIA AREA CONSISTS OF AGRICULTURAL USES. THUS THE SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT BEING REQUESTED IS APPROPRIATE IN THIS AREA AS THERE IS STILL A LACK OF DEVELOPMENT THAT MEETS THAT LOCAL CORRIDOR LAND USE DESIGNATION. AND ADDITIONALLY, THE COMPLEX STIPULATES THAT A PERCENTAGE OF RESIDENTIAL AREAS COULD STILL EXIST IN THE LOCAL CORRIDOR LAND USE DESIGNATION. AND IN THE FUTURE, IF THERE'S A PROPOSED ZONE CHANGE TO MORE INTENSE ZONING DISTRICT, THE ZONING DISTRICT WILL BE EVALUATED BASED ON ITS IMPLEMENTATION OF THE POLICIES OF THE ADOPTED COMPREHENSIVE LAND USE PLAN AND FUTURE LAND USE MAP. TWO, WHETHER THE PROPOSED ZONING CHANGE OR ZONING MAP AMENDMENT PROMOTES THE HEALTH, SAFETY OR GENERAL WELFARE OF THE CITY AND SAFE, ORDERLY, EFFICIENT, AND HELPFUL DEVELOPMENT OF THE CITY. AS PART OF PROMOTING HEALTH, SAFETY AND WELFARE, THE CITY SHOULD ENCOURAGE DEVELOPMENT COMPATIBLE WITH SURROUNDING USES, UTILIZING STANDARDS AND TRANSITIONAL USES TO ALLEVIATE NEGATIVE IMPACTS. THE DIMENSIONAL REQUIREMENTS FOR SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT AS LISTED AS TABLE 2157 A OF THE UDC AND ALSO SEEN HERE IN THIS TABLE ARE COMPATIBLE WITHIN THE MEDIA AREA OF THE SUBJECT PROPERTY. THE SUBJECT PROPERTY IS APPROXIMATELY 3.6 ACRES AND SURPASSES THE MINIMUM SQUARE FOOTAGE REQUIRED IN SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT. AND THE EXISTING PRE-DEVELOPMENT ZONING AS PER UDC SECTION 2155, WAS ONLY INTENDED AS A TEMPORARY DESIGNATION FOR EXISTING USES FOR NEWLY ANNEXED PROPERTIES, BUT NO IMPROVEMENTS, CONSTRUCTION OR STRUCTURES MAY BE UNDERTAKEN WITHOUT OBTAINING A BUILDING PERMIT. A BUILDING PERMIT CANNOT BE PULLED WITHOUT PROPER ZONING. AND THE PROPOSED ZONE CHANGES TO SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT WOULD ALLOW THE APPLICANT TO PULL BUILDING PER PERMITS TO ENSURE SAFE AND ORDERLY DEVELOPMENT. THREE. WHETHER THE USES PERMITTED BY THE PROPOSED CHANGE IN ZONING DISTRICT CLASSIFICATION AND THE STANDARDS APPLICABLE TO SUCH USES WILL BE APPROPRIATE IN THE MEDIA AREA OF THE LAND TO BE RECLASSIFIED AGAIN. YES, THE USE IS PERMITTED IN SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT ARE APPROPRIATE IN THE MEDIA AREA OF THE LAND TO BE RECLASSIFIED. THE PURPOSE AND INTENT OF SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT IS TO PROVIDE AREAS IN WHICH AGRICULTURAL LAND MAY BE HELD IN SUCH USE FOR AS LONG AS PRACTICAL AND REASONABLE WITH MINIMUM HALF ACRE LOTS. AND WHERE DEVELOPMENT MAY STILL BE PREMATURE DUE TO LACK OF UTILITIES CAPACITY OR SERVICES AS PER UDC SECTION 21 55 4. WHETHER THE PROPOSED CHANGES IN OCCUR WITH ANY EXISTING OR PROPOSED PLANS FOR PROVIDING PUBLIC SCHOOLS, STREETS, WATER SUPPLY, SANITARY SEWERS, OR OTHER PUBLIC SERVICES AND UTILITIES TO THE AREA, THE SUBJECT PROPERTY UTILIZES AN ONSITE SEPTIC SYSTEM AND IS IN THE GREEN VALLEY. CCM FOR WATER FM 42 APPEAR TO THE NORTH OF A PROPERTY IS A TEXT STOP ROAD THAT IS ONLY TWO LANES WITH ONE LANE IN EACH DIRECTION. AND PER THE MASTER THE FAIR PLAN FM 42 IS ACTUALLY IDENTIFIED AS THE PRINCIPAL ARTERIAL WITH THE PLANNED 120 TO 130 FEET OF RIGHT OF WAY WIDTH. AND IN THE MASTER THE PLAN FRIESEN HONG LANE HERE TO THE LEFT OF THE PROPERTY IS IDENTIFIED AS A COMMERCIAL COLLECTOR A WITH THE PROPOSED FINAL 70 FEE OF RIGHT OF AWAY WIDTH. ALTHOUGH NO DEVELOPMENT IS BEING PROPOSED AT THIS TIME, ANY PROPOSED IMPROVEMENTS OR ACCESS POINTS WILL NEED TO BE REVIEWED BY TEXT DOT AND THE CITY OF SHE'S ENGINEERING DEPARTMENT. AND AGAIN, A PUBLIC HEARING WAS MAILED, [00:30:01] A PUBLIC HEARING NOTICE WAS MAILED TO KAMAL INDEPENDENT SCHOOL DISTRICT TO NOTIFY THEM OF THE PROPOSED ZONE CHANGE. FIVE. WHETHER THERE HAVE BEEN ANY EN ENVIRONMENTAL AND OR ECONOMICAL CHANGES WHICH WARRANT THE REQUESTED CHANGE, NO, THERE WERE NO ENVIRONMENTAL OR ECONOMIC ECONOMIC CHANGES THAT WARRANTED THE REQUESTED ZONE CHANGE. THE SUBJECT PROPERTY WAS ANNEXED INTO THE CITY OF SHES IN 2010 WITH ORDINANCE 10 A 19. AND THE SUBJECT PROPERTY CURRENTLY HAS THAT PRE-DEVELOPMENT DISTRICT ZONING DESIGNATION, WHICH IS MEANT TO BE A TEMPORARY DESIGNATION FOR PROPERTIES ANNEXED INTO THE CITY OF SHES AS PER EDC SECTION 21 5 5 A. WHETHER THERE IS AN ERROR IN THE ORIGINAL ZONING OF THE PROPERTY FOR WHICH A CHANGE IS REQUESTED, NO, THERE IS NO ERROR IN THE ORIGINAL ZONING OF THE PROPERTY AND WHETHER ALL OF THE APPLICANT'S BACK TAXES OWED TO THE CITY HAVE BEEN PAID IN FULL. AND AGAIN, THIS DOES NOT IMPACT THE PLANNING AND ZONING COMMISSION. RECOMMENDATION IS CITY COUNCIL A, WHETHER OTHER CRITERIA ARE MET, WHICH AT THE DISCRETION OF THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL ARE DEEMED RELEVANT. AN IMPORTANT CONSIDERATION OF THE AMENDMENT STAFF HAS ENSURE ALL UDC REQUIREMENTS HAVE BEEN MET FOR THE PROPOSED ZONE CHANGE, AND AT THIS TIME HAVE NOT RECEIVED ANY SPECIAL CONSIDERATION FROM THE PLANNING AND ZONING COMMISSION OR CITY COUNCIL. SO WHEN IT COMES TO THE STAFF RECOMMENDATION, THE PROPOSED ZONE CHANGE IS SINGLE FAMILY RESIDENTIAL AGRICULTURAL DISTRICT IS APPROPRIATE WITH THE IMMEDIATE AREA. THE STAFF RECOMMENDS APPROVAL OF PLZC 20 24 0 0 9 8. AND AGAIN, THIS IS MR. SAUNDERS PROPERTY. UM, HE IS A PROPERTY OWNER AND HE IS REQUESTING THE ZONE CHANGE HIMSELF. ALL RIGHT, THANK YOU. IT'S ANOTHER PUBLIC HEARING. IT IS 6 31. ANYONE WISH TO ADDRESS THE COMMISSION ON THIS PARTICULAR TOPIC? WELCOME TO STEP FORWARD, NOBODY. ALL RIGHT. IT IS STILL 6 31. PUBLIC INPUT IS CLOSED. COMMISSIONERS. ALL RIGHT. ONCE AGAIN, THIS IS A RECOMMENDATION TO CITY COUNCIL. WE HAVE THE SAME THREE OPTIONS. APPROVE, DENY, APPROVE WITH CONDITIONS. THERE'S NO DISCUSSION. WOULD SOMEONE LIKE TO MAKE A MOTION? I'LL MAKE A MOTION TO, UM, RECOMMEND APPROVAL OF PLZC 2 0 2 4 0 0 9 8. I'LL SECOND THAT MOTION. ALRIGHT, I HAVE A MOTION TO RECOMMEND APPROVAL FROM COMMISSIONER CRAIG AND A SECOND FROM COMMISSIONER MCMASTER. ANY FURTHER DISCUSSION QUESTIONS? NO. PLEASE RECORD YOUR VOTE. ALRIGHT. I HAVE SEVEN VOTES. IF YOU'D PUBLISH THAT, PLEASE HAVE SEVEN AYES. NONE OPPOSED THAT MOTION PASSES. ALRIGHT, ITEM FIVE C PL SPU 20 24 0 0 1 2. HOLD A PUBLIC HEARING AND MAKE A RECOMMENDATION ON A REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW A CONVENIENCE STORE WITH GAS PUMPS ON APPROXIMATELY 0.4 0.33 ACRES OF LAND LOCATED AT THE INTERSECTION OF MASSEY ROAD AND EAST FM 1518 MORRIS, SPECIFICALLY KNOWN AS GUADALUPE COUNTY PROPERTY ID NUMBER 6 4 5 4 8 CITY OF CHURCH, GUADALUPE COUNTY, TEXAS, SAM EVENING COMMISSIONERS, P-L-S-B-U 2 0 2 4 0 0 1 2 FM 1518 MASSEE ROAD SPECIFIC USE PERMIT. SAMUEL HAAS, SENIOR PLANNER OUTLINED IN GREEN HERE IS A SUBJECT PROPERTY, UH, IS APPROXIMATELY, UH, 4.33 ACRES IS CURRENTLY UNDEVELOPED AND IN HIS OWN GENERAL BUSINESS DISTRICT, UH, FOR GET YOUR BEARINGS HERE, MASSEY ROAD IS RIGHT HERE TO THE NORTH AND THIS IS FM 1518 ALONG RUNNING SOUTH AND WEST HERE. UH, AS MENTIONED BEFORE, THE PROPERTY IS CURRENTLY ZONED GENERAL BUSINESS TO THE NORTH IS SASK ROAD TO THE WEST IS FM 1518. UH, TO THE SOUTH AND TO THE EAST ARE BOTH GENERAL BUSINESS AND THOSE ARE BOTH UNDEVELOPED. ON MAY 24TH, 2024, A TOTAL OF EIGHT PUBLIC HEARING NOTICES WERE SENT OUT. UM, WE WERE JUST RECEIVED ONE IN OPPOSITION AND WE ALSO RECEIVED TWO, UH, THAT WERE IN FAVOR AND ONE SIGN WAS ALSO POSTED ON THE PROPERTY. PER THE APPLICANT LETTER OF INTENT, THE PROPOSED DEVELOPMENT WILL CONSIST OF 14 A 14 PUMP GAS STATION WITH 5,500 SQUARE FOOT CONVENIENCE STORE, A ROUGHLY 6,300 SQUARE FOOT RESTAURANT WITH A DRIVE THROUGH AND A 15,600 SQUARE FOOT RETAIL BUILDING. AND AS PER UDC SECTION 2158, A SPECIFIC USE PERMIT IS REQUIRED FOR THAT CONVENIENCE STORE WITH GAS PUMP PORTION IN THE GENERAL BUSINESS DISTRICT. SO THIS WAS A CONCEPTUAL PLAN, [00:35:01] UH, THAT WAS, UH, SUBMITTED BY THE APPLICANT. I WILL REMIND THE COMMISSION THAT WE ARE NOT HERE TO TALK ABOUT FIRE LANES OR LANDSCAPE BUFFERS OR DRAINAGE OR ANY OF THAT. WE ARE HERE TO JUST, JUST DECIDE WHETHER OR NOT A SPECIFIC USE PERMIT FOR A CONVENIENCE STORE WITH GAS STATION, UM, WITH GAS PUMPS IS APPROPRIATE HERE. SO, UH, UDC SECTION 20 21 5 11 D IS THE CRITERIA FOR APPROVAL FOR THESE SPECIFIC USE PERMITS. UM, I'LL JUST GO THROUGH THESE ONE AT A TIME. NUMBER ONE IS THE PROPOSED USE, UH, CONSISTENT WITH THE POLICIES EMBODIED IN THE ADOPTED COMPREHENSIVE LAND PLAN. THE COMPREHENSIVE PLAN, UH, DESIGNATES THIS AREA AS INDUSTRIAL HUB. WHILE INDUSTRIAL HUB IS INTENDED TO BE A CENTER OF MANUFACTURING LOGISTIC ACTIVITY, UH, COMPLIMENT COMPLIMENTARY COMMERCIAL SERVICES, ESPECIALLY IN THE BUFFER AREAS ARE APPROPRIATE, ESPECIALLY AS TRANSITIONAL USES. UH, FOR THIS REASON, THIS SPEC SPECIFIC USE PERMIT IS, UH, IN CONFORMANCE WITH THE COMPREHENSIVE LAND PLAN. NUMBER TWO, THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE APPLICABLE ZONING DISTRICT. UH, GENERAL BUSINESS DISTRICT IS INTENDED TO PROVIDE SUITABLE AREAS FOR THE DEVELOPMENT OF NON-RESIDENTIAL USES, WHICH OFFER A WIDE VARIETY OF RETAIL AND SERVICE ESTABLISHMENTS THAT ARE GENERALLY ORIENTED TOWARDS SERVING THE OVERALL NEEDS OF THE ENTIRE COMMUNITY. UH, THIS CONVENIENCE STORE WOULD MEET THE INTENT. THE CONVENIENCE STORE WITH GAS PUMPS, EXCUSE ME, WOULD MEET THE INTENT OF THE ZONING DISTRICT. UH, NUMBER THREE, THE PROPOSED USE IS COMPATIBLE WITH AND PRESERVES THE CHARACTER AND INTEGRITY OF ADJACENT DEVELOPMENTS IN NEIGHBORHOODS AND INCLUDES IMPROVEMENTS EITHER ON SITE OR WITHIN PUBLIC RIGHT OF WAY TO MITIGATE DEVELOPMENT RELATED ADVERSE IMPACTS. SO THE, UH, ADJACENT TO THIS PROPERTY, THEY'RE JUST TO THE SOUTH, IS A BUSINESS PARK STYLE COMMERCIAL DEVELOPMENT. UM, THERE'S ALSO IN THE WIDER AREA, THERE'S A LOT OF PRIMARILY HIGHER INTENSITY AND SOME LIGHT INDUSTRIAL ACTIVITY OVER THERE IN THAT AREA. THE PROPERTY ALSO ABUTS FM 1518, WHICH IS A SECONDARY ART ARTERIAL ON OUR MASTER THOROUGHFARE PLAN. UH, SO GIVEN THIS, THE PROPOSED LAND USE IS COMPATIBLE WITH SURROUNDING AREA AND IN ORDER TO MITIGATE THAT DEVELOPMENT RELATED ADVERSE IMPACT, WHICH KIND OF ANSWERS THE QUESTION FROM EARLIER, UH, DURING THE SITE DEVELOPMENT PROCESS, WE HAVE ARTICLE NINE TO ENSURE THAT, UH, THOSE ADVERSE IMPACTS ARE MITIGATED. NUMBER FOUR, THE PROPOSED USE DOES NOT GENERATE PEDESTRIAN OR VEHICULAR TRAFFIC THAT WILL BE HAZARDOUS OR CONFLICT WITH EXISTING AND ANTICIPATED TRAFFIC. UH, THE PROPOSED DEVELOPMENT WILL HAVE TWO POINTS OF ACCESS, UH, ONE ON MASKY AND ONE ON FM 1518. UM, THIS WILL HELP MINIMIZE HAZARDOUS EFFECTIVE TRAFFIC AND ENGINEERING WILL ALSO DO A MORE DETAILED TRAFFIC IMPACT ANALYSIS AT THE TIME THE SITE PLAN PROCESS. NUMBER FIVE, THE PROPOSED USE INCORPORATES ROADWAY ADJUSTMENTS AND TRAFFIC CON CONTROL DEVICES, UH, THAT MAY BE NEEDED TO REDUCE OR ELIMINATE, UH, DEVELOPMENT GENERATED TRAFFIC ON NEIGHBORHOOD STREETS. AGAIN, UH, THIS WILL BE, UH, ADDRESSED DURING THE SITE DEVELOPMENT PROCESS AND ENGINEERING WILL REVIEW A MORE DETAILED IMPACT, A TRAFFIC IMPACT ANALYSIS AND WILL DETERMINE WHETHER AND WHAT KIND OF MITIGATION METHODS WILL BE REQUIRED. UH, NUMBER SIX, THE PROPOSED USE INCORPORATES FEATURES TO MINIMIZE ADVERSE EFFECTS, INCLUDING, UH, VISUAL IMPACTS, UH, AND OF THE PROPOSED USE ON ADJACENT PROPERTIES. UM, SOUND LIKE A BROKEN R HERE, BUT AGAIN, DURING THE SITE DEVELOPMENT PROCESS. UM, ARTICLE NINE IS IN, IN PLACE IN THE UDC TO ENSURE THAT THOSE ADVERSE IMPACTS ARE MITIGATED. UM, NUMBER SEVEN, THE PROPOSED USE MEETS THE STANDARDS OF THE ZONING DISTRICT AND, UH, OR TO THE EXTENT VARIATIONS FROM SUCH STANDARDS HAVE BEEN REQUESTED. UH, THE PROPOSED ELEMENT DEVELOPMENT WILL MEET ALL DIMENSIONAL AND DESIGN REQUIREMENTS OF THE GENERAL BUSINESS ZONING DISTRICT. UH, THERE HAVE BEEN NO VARIATIONS TO THE REQUIREMENTS THAT HAVE BEEN REQUESTED. NUMBER EIGHT, THE PROPOSED USE PROMOTES HEALTH, SAFETY AND GENERAL WELFARE OF THE CITY AND THE SAFE, ORDERLY, EFFICIENT HEALTH FOOD DEVELOPMENT OF THE CITY. SO AS PART OF PROMOTING HEALTH, SAFETY AND WELFARE, THE CITY SHOULD ENCOURAGE DEVELOPMENT COMPATIBLE WITH SURROUNDING USES, UTILIZING STANDARDS AND TRADITIONAL USES TO ALLEVIATE NEGATIVE IMPACTS. GIVEN THE SURROUNDING AREA, THE GENERAL BUSINESS OWNING AND THE IMMEDIATE AREA, AND ALSO THE WIDER COMMERCIAL ACTIVITY, THIS DEVELOPMENT IS COMPATIBLE WITH THOSE SURROUNDING LAND USERS. UH, NUMBER NINE, NO APPLICATION MADE UNDER THESE PROVISIONS WILL RECEIVE FINAL APPROVAL UNTIL ALL BACKED TAXES ARE OWED TO THE CITY. THIS DOES NOT AFFECT THE IMPACT OF THE PLANNING AND ZONING'S RECOMMENDATION OF CITY COUNCIL AT THIS TIME. AND NUMBER 10 OTHER CRITERIA AT THE DISCRETION OF THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL THAT ARE DEEMED RELEVANT AND IMPORTANT IN THE CONSIDERATION OF THIS SPECIFIC USE PERMIT. UM, STAFF HAS ENSURED THAT ALL UDC REQUIREMENTS HAVE BEEN MET AT THIS TIME. WE HAVE ALSO NOT RECEIVED ANY SPECIAL CONSIDERATION FROM THE PLANNING AND ZONING COMMISSION OR CITY COUNCIL. [00:40:01] UH, SHOULD BE NOTED THAT, UH, JOINT BASE SAN ANTONIO RANDOLPH HAS REVIEWED THIS PROPOSAL AND SUBMITTED A LETTER OF NO OBJECTION. AND, UH, A SPECIFIC USE PERMIT WAS ACTUALLY APPROVED AT THIS VERY SAME PROPERTY AS ORDINANCE 18 S 34 ON OCTOBER 23RD, 2018. UH, THAT HAS SINCE EXPIRED. UH, THIS IS IMPORTANT TO NOTE. AS THIS PROPOSAL IS SIMILAR TO WHAT WAS PREVIOUSLY ALREADY APPROVED, STAFF RECOMMENDS APPROVAL OF P-L-S-P-U 2 0 2 4 0 0 1 2 TO ALLOW CONVENIENCE STORE WITH GAS PUMPS AT THE SUBJECT PROPERTY CONDITIONED UPON THE FOLLOWING, A BUILDING PERMIT IS APPROVED WITHIN TWO YEARS OF THE ADOPTION OF THE SUP PERMIT ORDINANCE. ALL RIGHT, THANK YOU SAM. MM-HMM, . DOES THE APPLICANT HERE HAVE A PRESENTATION OR I AM. ALRIGHT. SURE. COME ON UP. MEET YOUR NAME AND ADDRESS FOR THE RECORD AND THE FLOOR IS YOURS. HEY, GOOD EVENING COMMISSIONERS. UH, MY NAME IS AMIR NAMAK FARRU. I RESIDE AT 1102 LINKS COVE. I AM THE APPLICANT AS PART OF SOUTHTOWN ENGINEERING AND CONSULTING. I'M ALSO A PROFESSIONAL LICENSED ENGINEER WHO WILL BE THE ENGINEER OF RECORD FOR THIS PLAN. WE HAVE DONE EXTENSIVE PLANNING WITH THE CITY AS WELL AS JBSA RANDOLPH, UH, FOR THE PAST SIX MONTHS, UH, COORDINATING THIS UPDATED PLAN. AS SAMUEL MENTIONED EARLIER, UH, THIS WAS ALREADY APPROVED BY THE PLANNING COMMISSION IN AUGUST, 2018, AND THEN IT WAS APPROVED BY CITY COUNCIL IN SEPTEMBER OF 2018. SO SIX YEARS HAS PASSED THAT. UM, THIS PLAN HAS BEEN IN PLACE. IT'S BEEN, UH, UPDATED AND MODIFIED, UH, TO MEET THE COMMUNITY NEEDS AND THE SURROUNDING AREAS BASED ON MARKET STUDIES FOR THIS AREA. SO WE BELIEVE IT'S A GREAT FIT. UH, WE'RE EXCITED ABOUT THE PROJECT. WE'VE BEEN HAPPY THAT, UH, STAFF HAS BEEN OPEN TO IT. UH, AND WE'VE, WE'VE, WE'VE SPENT A LOT OF TIME AND MONEY, UH, IN THIS SPECIFIC TRACK AND WE HOPE WE THAT YOU WOULD LOOK AT IT FAVORABLY. BUT I'M HERE TO ANSWER ANY QUESTIONS WITH REGARDS TO ENGINEERING, LIGHTING, DRAINAGE, TRAFFIC, ALL THOSE THINGS I'M HAPPY TO ADDRESS. ALRIGHT, THANK YOU SIR. OKAY. IT IS, UH, I'LL STALL HERE FOR A FEW SECONDS AND LET THE CLOCK ROLL OVER. IT IS 6 42 AND AT THIS TIME, THE COMMISSION WILL ACCEPT, UM, PUBLIC INPUT. IF YOU'D LIKE TO ADDRESS THE COMMISSION, PLEASE COME UP TO THE MICROPHONE. STATE YOUR NAME AND ADDRESS FOR THE RECORD. TRY TO LIMIT YOUR COMMENTS TO THREE MINUTES. WELL, THAT'S ALL RIGHT. COME ON UP. THEY'LL, CAN I ASK A QUESTION OF THE PEOPLE THAT JUST MADE THE PRESENTATION? NO, SIR. WHAT, WHAT, WHAT YOU CAN DO IS ASK THE QUESTION. OKAY. OKAY. AND SOMEBODY, HI, I'M CHARLES LOVETT AGAIN. UM, MY PROPERTY IS A 2305 FM 1518. WE ADDITIONALLY OWN THREE PROPERTIES GOING WEST OF THAT 2500, 25 21, AND 2,600 ON FM 1518. MY WIFE IS A FAMOUS HAIRSTYLIST AND JUST GOT AWARDED, I'M BRAGGING NOW, THE NUMBER ONE HAIR COLORIST IN THE STATE OF TEXAS. OKAY. THAT BEING SAID, CAN I ASK PLEASE THE QUESTION ABOUT NO, NO SIR. ASK, UH, CAN YOU ADDRESS THE COMMISSIONER? CAN I ASK, ASK THE QUESTION. OKAY. SORRY. COMMISSIONER OUTLAW, AND, AND THEN WE'LL GET YOU AN ANSWER. OKAY. CAN WE FIND OUT WHAT KIND OF GREEN GREENERY OR GREEN BELT EXISTS WILL EXIST ON THE NASTY ROAD AND HARD CORNER OF FM 1518? 'CAUSE THAT WOULD MAKE A BIG DIFFERENCE. I THINK IT WOULD BE A DESPERATE PUT DOWN TO MY, UH, AIRBNB WHERE MY WIFE AND I HAVE, UH, INVESTED MOST OF OUR RETIREMENT INTO THIS, UH, AIRBNB TO HAVE IT RUINED BY BRIGHT LIGHTS THAT ARE COMING FROM THE, UM, A GAS STATION THAT WOULD'VE PUMPS AVAILABLE 24 7. UM, AGAIN, I'M SURE, UH, OTHER PEOPLE DON'T WANT TO HEAR ABOUT IT, BUT THERE IS A FABULOUS GAS STATION, JUST 15 BLOCKS UP THE STREET, UM, WITH EIGHT PUMPS. NONETHELESS. UM, IT SEEMS LIKE THAT IS A KIND OF A, A RUDE PUT DOWN FOR THEIR $2 MILLION PLUS INVESTMENT THAT THEY PUT INTO THAT, UM, VALERO AND SELECT STOP. BUT I WOULD BE VERY INTERESTED IN KNOWING, OR IF THE COMMISSIONER, IF THE COMMISSIONERS CAN FIND OUT FOR ME WHAT IS THE GREEN BELT THAT WOULD BE SURROUNDING IT. BECAUSE THIS IS A, IT'S ONE OF THE NI VERY NICEST [00:45:02] AIRBNBS IN ALL OF SHIRTS. WE ARE THE ONLY FIVE STAR RECOMMENDED ONE FOR TWO YEARS BECAUSE OF HAVING A POOL AND FOUR BEDROOMS AND THREE BATHROOMS AND ALL THAT KIND OF GOOD STUFF. DO YOU KNOW WHAT I'M SAYING? UM, SO THAT'S A BIG, BIG, BIG CONCERN. SO IF THERE ARE VARIANCES AND ORDINANCES THAT ARE BEING HAVING TO BE CHANGED, UM, THIS IS CERTAINLY MY REQUEST THAT THEY NOT BE, BUT I WOULD LOVE TO HEAR THE ANSWER TO THE, THE GREEN BELT OR THE GREENERY THAT MIGHT SEPARATE THIS DEVELOPMENT OR GAS STATION FROM MASEY ROAD AND FM 1518 PRIMARILY. ALRIGHT, THANK YOU. AND YES, I THINK WE CAN ADDRESS THAT. ALRIGHT. ANYBODY ELSE? NOBODY LAST CHANCE. ALRIGHT. IT IS, UH, WELL, LEMME FLIP MY PAPER OVER HERE. IT IS 6 45 AND PUBLIC INPUT IS CLOSED. UM, SAM, BEFORE YOU GET STARTED, COULD YOU PUT THE CONCEPTUAL SITE PLAN BACK UP THERE PLEASE? I THINK THAT'LL HELP SOME OF US. UM, ALRIGHT, COMMISSIONERS QUESTIONS? COMMENTS, MR. WALLACE? YEAH. SO AS PART OF THIS SPECIFIC USE PERMIT, BEYOND THE CONDITION, UM, THAT IT GETS APPROVED, ARE THERE ANY ADDITIONAL CONDITIONS THAT WE CAN RECOMMEND TO COUNSEL? YES, IT CAN. OKAY. UM, IT'S HARD BECAUSE I, I I MEAN IT IT IT IS A COMPATIBLE USE FOR, UM, THE AREA AND THEN WHERE, YOU KNOW, THE, THE, THE LONG TERM LAND USE PLAN HAS THIS GOING, BUT I DO UNDERSTAND THE, UM, THE COMPATIBILITY WITH EXISTING BUSINESSES. UM, WOULD THE APPLICANT BE OPEN TO PROVIDING ADDITIONAL LANDSCAPING ALONG MASKY? WELL, BEFORE WE GO INTO THAT, I'LL JUST SAY THAT IN THE UDC CURRENTLY YOU'RE REQUIRED A 20 FOOT LAND LANDSCAPE BUFFER ALONG PUBLIC RIGHT OF WAYS. YOU ARE REQUIRED TO HAVE ONE TREE PER 20 LINEAR FOOT IN THAT LANDSCAPE BUFFER. ADDITIONALLY, THERE'S GOING TO BE INTERIOR LANDSCAPING REQUIREMENTS WITHIN THIS DEVELOPMENT. YEAH. IF THEY'RE INTENDING TO DO ALL OF THIS, AGAIN, WE'RE ONLY TALKING ABOUT OUR, IS IS A GAS STATION APPROPRIATE HERE? YEAH, THAT'S WHAT I'M TALKING ABOUT. BUT JUST FOR THE SAKE OF CONVERSATION, IF THEY'RE INTENDING TO DO ALL THIS, THERE WILL BE INTERIOR PARKING LOT TREES THAT THEY'LL BE REQUIRED TO HAVE. OKAY. AND THEN ALSO THERE WILL BE, UH, NINE TREES PER ACRE THAT THEY'RE REQUIRED TO PLANT AS WELL. MM-HMM. . SO THERE'S 4.33 ACRES HERE, SO YOU KNOW, THAT'S GONNA BE 30, YOU KNOW, NINE ALMOST 40 TREES THAT THEY'RE GONNA HAVE TO PLANT THERE. SO, YOU KNOW, AND THERE, WHILE THERE ARE SOME REQUIREMENTS IN OUR LANDSCAPING THAT SAYS YOU HAVE TO HAVE 'EM AT THE END OF PARKING ROWS, YOU KNOW, YOU HAVE TO HAVE 'EM EVERY ONE PER 20 PARKING SPACES, IT IS THE APPLICANT'S DECISION TO PLACE THOSE TREES WHERE THEY SEE FIT. YEAH. RIGHT. SO IF, IF, IF SCREENING IS AN ISSUE MM-HMM. THEN, YOU KNOW, THE APPLICANT ABSOLUTELY CAN PLACE THE MAJORITY OF THOSE 40 TREES, UH, AS MANY AS THEY CAN ANYWAY ALONG THE PUBLIC RIGHT OF WAY. SO I DON'T KNOW IF IT'S, BUT COULD THAT BE A CONDITION? UH, I THINK IT'S A LITTLE VAGUE. COULD BE A CONDITION, BUT COULD IT BE A CONDITION, HYPOTHETICALLY? HYPOTHETICALLY. I WOULD HAVE TO HYPOTHETICALLY, I BELIEVE, I MEAN, THERE ARE SOME PROVISIONS IN THE UDC THAT ALLOW YOU TO MAKE SOME REQUESTS. YEAH. LET, LET ME, LET ME INTER INTERRUPT HERE BEFORE WE GO TOO FAR. MM-HMM. DOWN THIS PATH. UM, YES. ONE, ONE OF, ONE OF THE OPTIONS WE HAVE IN OUR RECOMMENDATION TO CITY COUNCIL IS CONDITIONS. UH, BUT, UM, WHAT SAM IS TELLING YOU HERE IS THAT THE UDC ALREADY RE YOU KNOW, AND IN FACT MAYBE IF WE COULD, WHAT I WAS HOPING SAM, IS YOU COULD USE THEIR CONCEPTUAL PLAN AND, AND MAYBE ILLUSTRATE HOW THAT THAT LANDSCAPE STUFF APPLIES. AND JUST JUST TO GIVE US AND, AND THE, UH, THE PROPERTY OWNER ACROSS THE STREET, AN IDEA OF WHAT, AGAIN, REALIZING THIS IS CONCEPTUAL, BUT IT, IT MIGHT BE A USEFUL ILLUSTRATIVE TOOL IF YOU COULD DO THAT. SURE. I MEAN, IF YOU CAN FOLLOW MY MOUSE HERE. YEAH. I MEAN, SO THIS IS, UH, 1518. SO THEY'LL BE REQUIRED TO HAVE A LANDSCAPE BUFFER ALL RIGHT. HERE. AND WITHIN THAT LANDSCAPE BUFFER, THEY'RE REQUIRED ALSO HAVE ONE TREE PER LINEAR FOOT. RIGHT NOW IN ALL THESE, IN THESE LITTLE PARKING ROWS HERE, THEY'RE GONNA BE REQUIRED TO HAVE TREES THAT'LL HELP BREAK A LOT OF THE LIGHTING THAT COME IS COMING FROM THE BUSINESS. UH, AND THEN AGAIN, YOU KNOW, THERE, THIS LOOKS LIKE A DETENTION POND. UM, THERE ARE, SO THERE'LL PROBABLY BE TREES HERE, BUT NOT A WHOLE LOT HERE. BUT AGAIN, THEY'RE REQUIRED TO HAVE NINE TREES PER ACRE. [00:50:01] SO IF THEY WANNA STACK THESE TREES UP HERE, THAT'S THE CAN. UH, ESSENTIALLY, YOU KNOW, WE HAVE PROVISIONS IN OUR UDC THAT TRY ALREADY TO SORT OF MAKE BUSINESS AND RESIDENTIAL USES KIND OF, YOU KNOW, MORE COMPATIBLE AND STUFF LIKE THAT. SO, SO THAT, THAT LANDSCAPE BUFFER ALSO APPLIES TO MASSEY ROAD, CORRECT? YES. YEAH. AND THEN THE LANDSCAPE BUFFER WILL BE HERE TOO. SO THERE, THERE WILL BE TREES ALREADY HERE AND HERE. SO AGAIN, I I I DON'T THINK IT'S NECESSARY TO CONDITION ANYTHING 'CAUSE IT'S ALREADY ESSENTIALLY GOING TO BE THERE. WOULD ANY OF THAT BUFFER BE ELIGIBLE FOR MITIGATION OR IS THAT A HARD IT IT'S REQUIRED LIKE TREE MITIGATION? YEAH, JUST ANY KIND OF LIKE IF, LIKE DID THEY SAY WE CAN'T DO IT 'CAUSE OF A HARDSHIP OR ANYTHING LIKE THAT? THEY COULDN'T, LIKE THE LANDSCAPE BUFFER WOULD BE, ACRO WOULD BE REQUIRED. NOT NECESSARILY REGARDLESS, BUT YEAH, IT'S, IT'S REQUIRED. OKAY. AND I, THIS PROPERTY IS JUST A BIG FIELD RIGHT NOW, SO I CAN'T SEE HOW THIS WOULD, YEAH. HMM. OKAY. SO, UM, THE ONLY THING THAT WE'RE CONCERNED WITH IS THE GAS PUMPS. THAT'S WHAT THEY NEED THIS. RIGHT? OKAY. YEAH. IF HE WANTED, IF HE WANTED TO BUILD THIS TODAY WITHOUT THE FUEL PUMPS, HE COULD, WE WOULDN'T BE HERE. YEAH. YEAH. THE CITY HAS A WHOLE VOLUME OF ORDINANCES THAT GOVERN LANDSCAPING AND A WHOLE VOLUME OF ORDINANCES THAT DEAL WITH LIGHTING. AND ANYBODY IS WELCOME TO RESEARCH THOSE AND, AND, UH, SEE WHAT WE CONTROL AS FAR AS LIGHTING GOES AND OVERFLOW AND THINGS LIKE THAT. UM, WHAT I WOULD ASK THE APPLICANT IS TO BE SENSITIVE TO, UH, AGAIN, JBSA RANDOLPH, I UNDERSTAND THAT THEY, THEY GAVE US, THEY HAD NO OBJECTIONS TO THIS, BUT, UH, BE CAREFUL WITH THE LIGHTING, BE SENSITIVE BECAUSE THAT'S FINAL APPROACH FOR RUNWAY ONE FIVE LEFT AND RANDOLPH WILL START DOING NIGHT FLYING, UH, IN THE FUTURE WHEN THEY GET THEIR NEW AIRPLANES, THEY'LL BE DOING NIGHT FLYING. SO IT WOULD BE NICE TO HAVE NOT TO HAVE INTENSE LIGHTING IN THAT LOCATION IF WE CAN GET AWAY WITH IT. NOT A REQUIREMENT, BUT PLEASE BE SENSITIVE TO IT. THAT'S ALL I WOULD ASK. AND, UH, WE APPROVE THIS IN 2018, I HAVE NO REASON WHY NOT TO APPROVE IT. AGAIN, I WANNA KNOW, UH, WHAT THE CITY MEANS BY PROMOTING THE HEALTH. LIKE WELL, YEAH, WHAT YOU MEAN BY HEALTH. SO IT'S CONSISTENT WITH THE LANGUAGE IN THE LOCAL GOVERNMENT CODE. BASICALLY ALL CITIES ARE REQUIRED BY STATE MANDATE IF YOU'RE A HOME RURAL CITY TO PROMOTE THE HEALTH GEN, HEALTH WELFARE, YOU KNOW, HEALTH DEVELOPMENT AND GENERAL WELFARE OF THE CITY. RIGHT. SO, YOU KNOW, A LOT OF IT'S LIKE AN OVERARCHING THEME IN OUR DEVELOPMENT CODES THAT WE WANT TO PROVIDE AMPLE SPACE AND LIGHTING AND OPEN AND GREENERY AND THINGS LIKE THAT. SO THAT'S JUST KIND OF A GENERAL SORT OF ALIGNMENT WITH STATE LAW AS IT PERTAINS TO GAS PUMPS IS WHAT I'M ASKING . RIGHT. BUT LIKE, SO ARE, YOU KNOW, WE CAN'T, IF YOU'RE ASKING ME ARE WE SUPPOSED TO DO SOME SORT OF, UH, YOU KNOW, ENVIRONMENTAL REVIEW OR SOMETHING? IS THAT WHAT YOU'RE ASKING? OR JUST ASKING WHAT YOU MEAN? IF YOU CAN GO INTO DETAIL. I'M CHALLENGING YOU . YEAH, I MEAN, I UNDERSTAND. UM, SO I'LL JUST SAY THAT, UH, AS WE DO NOT SEE THIS AS AN ADVERSE HEALTH IMPACT ON THE CITY, MY TURN, UM, OKAY. WE'RE ALL TURNED AROUND HERE, NORTH, SOUTH, EAST, WEST. UH, YOUR, YOUR DIAGRAM THERE IS BASICALLY NORTH IS UP. I'LL CHECK THE ARROW UP IN THE CORNER. OKAY. SO NORTH IS, SO FOR MY NORTH IS UP SOUTH, YOU HAVEN'T SAID ANYTHING ABOUT THE PROPERTIES ON THE OTHER SIDE OF 1518. YOU, YOU TALK ABOUT, UM, IT BEING CONSISTENT AND IT CERTAINLY IS WITH WHAT'S GOING ON ON, UH, MASKY AND WINDY MEADOWS. IT FITS RIGHT IN. BUT WHAT ABOUT THE OTHER SIDE? THE SOCCER FIELDS AND THE NO, THE ONES ALONG THE CREEK. OH, I, I GOTCHA. SO WHAT'S ALONG THE CREEK IS ZONE GENERAL BUSINESS TWO. UM, AND THAT IS A MORE GENERALLY HEAVIER INDUSTRIAL USE. [00:55:01] UM, THAT WAS ZONED THAT WAY LONG BEFORE ME. RIGHT. SO OKAY. IT'S RIGHT NOW IT'S BEING USED AS A SHORT TERM RENTAL OR ONE OF THE PROPERTIES IS WE KNOW THAT FOR SURE. UM, SO WHAT, WHAT WE HAVE RIGHT NOW ON ARE, ARE BASICALLY NON-CONFORMING USES ON THOSE PROPERTIES. AM I CORRECT? SO YES. SO THE AIRBNB THAT WE'RE TALKING ABOUT HERE IS BASICALLY A RESIDENCE THAT'S BEING AN EXISTING NON-CONFORMING USE AND THEY CAN KEEP DOING THAT, CORRECT? AS LONG AS THEY WANT. OKAY. BUT, AND YOU KNOW, UM, I'VE BEEN HERE A LONG TIME AND, UH, BUT NOT ON PNZ. AND SO HOW THAT, HOW THAT WAS ZONED GB TWO AND NOT SOMETHING NOW AND NOT RESIDENTIAL. UM, MAYBE THERE'S SOME CONCERNS WITH, UM, WITH FLOODING. I DON'T REALLY KNOW WHY IT ZONED THE WAY IT IS. UM, IT IS ALL IN THE FLOODWAY. SO O OKAY. UM, CAN YOU GO BACK TO YOUR CONCEPTUAL SITE PLAN? AND I'M SORRY, I JUST NEED SOMETHING TO LOOK AT. OKAY. UM, SOMETHING TO KEEP IN MIND BECAUSE I'M NOT, YOU KNOW, AGAIN, THIS IS CONCEPTUAL, BUT I DON'T SEE ANY CROSS LOT ACCESS HERE. I DON'T SEE ANY ACCESS TO THE NORTH OR, OR TO THE, SO IS THAT SOMETHING YOU FOLKS WILL ADDRESS? I I GUARANTEE YOU IT WOULD BE A FIRST ROUND COMMENT FROM THE CITY. OKAY. ALRIGHT. AND, UM, THIS IS QUITE A BIT DIFFERENT THAN WHAT YOU BROUGHT TO US IN 2018. YOU KNOW, I, I'M LOOKING AT IT AND, AND I'M TRYING TO KEEP THE, THE, UH, NEIGHBORS ACROSS THE STREET. I'M TRYING TO KEEP THEIR CONCERNS IN MIND. UM, AND AGAIN, YOU KNOW, IF THIS WHOLE THING, UM, IF, IF THE, IF THE PUMPS WERE, YOU KNOW, IF THE GAS STATION WAS AT THE BACK AND THE RETAIL WAS AT THE FRONT, YOU KNOW, THERE WOULDN'T BE SO MUCH CONCERN, I THINK WITH, WITH THE WHOLE LIGHTING THING. BUT, UM, THE REALITIES ARE THIS, THIS IS THE WAY IT, IT NEEDS TO BE. AND MY COMMENT ABOUT IT BEING SO MUCH DIFFERENT, WELL THE, THE GAS STATION ITSELF IS PRETTY MUCH WHERE IT WAS. SO BASICALLY WE'VE JUST EXPANDED A LITTLE BIT, I THINK, AND ADDED ANOTHER, ANOTHER BUILDING TO THE, TO WHAT I, AT LEAST FROM WHAT I REMEMBER. UM, SO, UH, BUT AGAIN, I, YOU KNOW, THE, THE, I'M SORRY, THE OLD FIRE MARSHAL, THIS WON'T GO AWAY. UM, UM, NOW OUR LIGHTING SOME SOMETHING, AND THIS IS FOR YOUR BENEFIT, SIR, AND I'M SORRY I'VE FORGOTTEN YOUR NAME. UM, THEY, UM, OUR LIGHTING STANDARDS, CAN YOU MENTION THOSE REAL QUICK? JUST IN OTHER WORDS, OUR DEVELOPMENT STANDARDS AS FAR AS LIGHTING REQUIRES, HOW MUCH OF THAT LIGHTING TO, YOU KNOW, TO STAY ON THE PROPERTY AND YEAH. I I BELIEVE THAT OUR LIGHTING STANDARDS, THEY HAVE TO BE POINTED DOWN. IT'S ALL IN CONFORMANCE WITH JVSA. YEAH. I THINK THE REAL PROBLEM IS THE FUEL CANOPY BECAUSE THAT'S WHERE, YOU KNOW, THAT SUCKER IS 14 OR 15 FEET OFF THE GROUND AND THEY'RE ALL LIGHTS THAT ARE POINTED AND YEAH. UM HMM. IT'S A LUMEN RESTRICTION. IT'S A LUMEN RESTRICTION. YEAH. UM, THE OTHER, THE OTHER THING AND, AND, AND I, I DON'T SUPPOSE YOU CAME EQUIPPED WITH A PERMITTED USE TABLE FOR GENERAL BUSINESS, RIGHT? BECAUSE, OH, THERE WE GO. BECAUSE I'D WANT, WHAT I'D LIKE YOU TO SHOW IS NOW I'M GONNA BE A BIT OF A, AND, AND YOU KNOW HOW I CAN BE SOMETIMES, BUT YOU KNOW, YOUR COMMENT ABOUT IT, UH, AND I DON'T REMEMBER IT WAS, IT WAS A COMMENT BACK AS YOU WERE GOING THROUGH THAT LIST OF THINGS AND YOU TALKED ABOUT IT BEING IN CONFORMANCE WITH, WELL, IT REALLY ISN'T BECAUSE THE PROPERTY ZONE, GENERAL BUSINESS AND IF, IF A CONVENIENCE STORE WITH GAS PUMPS WAS, WAS IN MY MIND, IF IT WAS, UM, AUTOMATICALLY IN CONFORMANCE WITH GENERAL BUSINESS, IT WOULD BE ALLOWED. WITHOUT AN SUP, IT'S NOT OKAY. IN ORDER FOR HIM TO PUT THIS THERE, HE NEEDS A SPECIAL USE PERMIT. UM, BUT I WAS THINKING IF, IF YOU HAVE SOME WAY, CAN YOU GET THAT? UH, ALL I'M TRYING TO DO HERE IS, IS ADDRESS CITIZENS' CONCERNS HERE AND PART OF, UM, SO RIGHT NOW THIS PROPERTY IS ZONE GENERAL BUSINESS AND, AND WHAT I'M HOPING SAM CAN SHOW YOU IS A LIST OF WHAT COULD BE BUILT THERE TODAY WITHOUT ANY, WITHOUT HAVING [01:00:01] TO ASK. ALL I HAVE TO DO IS PULL BUILDING PERMITS. THEY DON'T NEED ANYBODY'S PERMISSION TO DO IT. OKAY. UM, SO SORRY, THIS IS, UH, I COULD PULL IT UP. NO, HAVE IT HERE, BUT I THINK THAT'S OKAY. ALCOHOL PACKAGE SALES, SO I'M, YEAH. ALCOHOL PACKAGE SALES. UH, AN AIRPORT WITH A SPECIFIC USE PERMIT. YEAH. A HERE'S GB, AN ANTIQUE SHOP, APPLIANCES, ART GALLERY, ASSISTED CARE, UH, AUTOMOBILE PARKING STRUCTURE OR GARAGE. UM, AUTOMOBILE, PART SALES, AUTOMOBILE SERVICE, MINOR BAKERY BANK, BEAUTY SALON BED AND BREAKFAST BOOKSTORE. LET'S SEE, WE HAVE, UH, BUILDING MATERIAL AND HARDWARE, SALES, CAR WASH, UM, CHURCH, CIVIC CONVENTION CENTER, COMMERCIAL AMUSEMENT INDOOR. MM-HMM. COMMUNITY CENTER. WOULD YOU LIKE ME TO KEEP GOING? NO, I, I THINK MAYBE IF YOU JUST FLIP THROUGH 'EM AND, AND LEAVE, YOU DON'T HAVE TO READ EVERY ONE OF THEM. OKAY. UM, BUT BECAUSE I JUST WANTED AN IDEA OF, OF, EXCUSE ME, WHAT COULD BE BUILT THERE WITHOUT, WITHOUT ANYBODY'S PERMISSION. AND, UM, MAY MAYBE YOU NOTICE THAT BED AND BREAKFAST IS A GENERAL IS ALLOWED IN GENERAL BUSINESS. UM, ANYWAY. NO, THAT THANK YOU, SAM. THAT, THAT'S, THAT'S ALL. I WAS JUST TRYING, TRYING TO, UM, CAN I MAKE A YEAH, SURE. GO AHEAD, RICHARD. THAT LARGE VACANT PIECE OF PROPERTY TO THE, TO THE WEST OF THIS PIECE OF PROPERTY ACROSS FROM ASKEY THAT'S IN UNIVERSAL CITY, AND LORD KNOWS WHAT THEY'RE GONNA PUT ON THAT PIECE OF PROPERTY. WE HAVE NO CONTROL OVER THAT. SO UNIVERSAL CITY CAN DO WHATEVER THEY WANT WITH THAT. WE DON'T CONTROL THEIR ZONING, WE DON'T CONTROL THEIR CONSTRUCTION. WE DON'T CONTROL ANYTHING. SO, UH, THAT'S JUST ANOTHER, ANOTHER THING YOU CAN WORRY ABOUT. OKAY. ANYBODY HAVE ANYTHING ELSE? QUESTIONS, COMMENTS? ALL RIGHT. IF NOT, ONCE AGAIN, THIS, THIS IS A RECOMMENDATION TO CITY COUNCIL AND THAT RECOMMENDATION CAN BE APPROVAL, DENIAL, OR APPROVAL WITH CONDITIONS. NOW, THERE IS ALREADY A CONDITION ATTACHED TO THIS ISSUE, AND THAT IS THAT THE BUILDING PERMIT MUST BE ISSUED, ISSUED WITHIN TWO YEARS. SO WE DON'T NEED TO ADD THAT. THAT'S ALREADY, THAT'S ALREADY PART OF THIS, CORRECT? YES. OKAY. I MAKE A MOTION TO APPROVE, UH, THE, UH, SPECIFIC USE PERMIT AS AS PRESENTED. SECOND, I HAVE A MOTION TO RECOMMEND APPROVAL FROM COMMISSIONER WALLACE. A SECOND FROM COMMISSIONER MCMASTER. ANY FURTHER DISCUSSION OR COMMENTS? RECORD YOUR VOTE, PLEASE. ALL RIGHT. I HAVE SEVEN VOTES. WILL YOU PUBLISH THAT, PLEASE? IS IT BACK? IS IT UP THERE, SAM? MM-HMM. OKAY. 'CAUSE IT'S NOT UP THERE. ALL RIGHT, SO WE HAVE, UH, SIX IN FAVOR. ONE OPPOSED? AND, UH, COMMISSIONER CRAIG, CAN YOU JUST TELL US WHY YOU'RE, YOU HAD A NAY VOTE? BECAUSE I DISAGREE ABOUT THE HEALTH. SO SHE, SHE DOESN'T THINK IT'S, UH, PROMOTES THE HEALTH AND, YEAH. NOW ONE, ONCE AGAIN, ALL THREE OF THESE, UH, THE, THE TWO ZONING ISSUES AND THE SPECIAL USE PERMIT, NOW GO TO CITY COUNCIL AND THEY'RE ON THE AGENDA ALREADY, SAM, UH, JULY 2ND. JULY 2ND IS THE TENTATIVE DATE. SO ONCE AGAIN, BASICALLY CITY COUNCIL WILL GO THROUGH WHAT WE JUST WENT THROUGH. THEY'LL, THEY'LL DO A WHOLE ANOTHER PUBLIC HEARING AND, UH, THEY'RE THE ONES THAT MAKE THE FINAL DECISION. SO, UM, OKAY. JULY 2ND. GOTCHA. ALRIGHT, ITEM NUMBER SIX, ITEMS FOR INDIVIDUAL [6. ITEMS FOR INDIVIDUAL CONSIDERATION] CONSIDERATION. SIX A-P-L-P-P 20 24 0 0 0 8 WAIVER. CONSIDER AN ACT UPON A REQUEST FOR [01:05:01] A WAIVER IN RELATION TO ONSITE SEWER FACILITIES FOR THE PRELIMINARY PLAT, FOR THE SEARCH SHIRTS STORAGE CENTER SUBDIVISION, APPROXIMATELY SEVEN POINT ACRES OF LAND, GENERALLY LOCATED 2,800 FEET EAST OF THE IH 35 FM 2252 INTERSECTION, ALSO KNOWN AS KAMAU COUNTY PARCEL ID 7 3 2 5 6. CITY OF SHIRTZ, KAMAU COUNTY, TEXAS P LPP 2 0 2 4 0 0 0 8. WAIVER SHIRTZ STORAGE CENTER, SUBDIVISION SEWER WAIVER REQUEST. SAMUEL HALL SENIOR PLANNER. OKAY, THE SUBJECT PROPERTY HERE IS OUTLINED IN GREEN. GET YOUR BEARINGS. THIS IS FM 4 82 TO THE NORTH I 35. DOWN HERE TO THE SOUTH. THE SITE IS 7.8 ACRES. IT'S CURRENTLY UNDEVELOPED AND IT HAS TWO ZONING DISTRICTS MANUFACTURING LIGHT AND ONE AND GENERAL BUSINESS DISTRICT GB. AND HERE IS A PLAT EXHIBIT HERE DEMONSTRATING THE TWO ZONING DISTRICTS. SO, UH, UDC 21 15 3 REQUIRES APPLICANTS TO CONNECT TO AN APPROVE PUBLIC WASTEWATER SYSTEM. ADDITIONALLY, THE CODE OF ORDINANCES, CHAPTER 90, ARTICLE THREE SECTION 90 78, REQUIRES COMMERCIAL PROPERTIES WITHIN A TH WITHIN 1500 FEET OF A SUITABLE SEWER FACILITY TO CONNECT TO THAT LINE PROPERTY. LO THE PROPERTY SUBJECT, THE SUBJECT PROPERTY LOCATION PREVENTS A SUITABLE CONNECTION, WHICH IS WHY A UH, WAIVER REQUEST WAS SUBMITTED. UM, IT IS CURRENTLY OUTSIDE THE, UH, CLOSEST CONNECTION SEWER SHED AND THE ACTUAL SUITABLE CONNECTION POINTS ARE, UH, TOO FAR. SO THE REASON WE'RE HEARING THIS IS BECAUSE UDC SECTION 21 3 B TWO H STATES THAT WHEN AN APPLICANT IS REQUESTING A WAIVER TO THE REQUIREMENTS IN ARTICLE 12, UH, THE REQUEST MUST BE HEARD BY THE PLANNING AND ZONING COMMISSION. HERE'S A LITTLE EXHIBIT TO DEMONSTRATE WHAT WE'RE TALKING ABOUT HERE. SO, UH, THE CLOSEST CONNECTION TO THE ABBEY ROAD EXISTING SEWER FACILITY IS OVER 7,500 FEET AWAY ACCORDING TO ENGINEERING, UH, 3000 FEET TO THE NORTH. THERE WILL BE THE TOWN CREEK LINE, UM, AT SOME POINT IN THE FUTURE. AND THEN WITHIN THAT 1500 FEET REQUIREMENT, THERE ACTUALLY IS A CONNECTION POINT OVER HERE ON BELMONT. UM, HOWEVER, IT'S IN A DIFFERENT SEWER SHED AND I'LL, AND I'LL DEMONSTRATE THAT HERE. SO AS, AS WE MAY OR MAY NOT KNOW, UH, SEWER FACILITIES OPERATE BY GRAVITY AND ELEVATION. AND YOU'LL SEE HOW NORTH OF THE PROPERTY IT, THE, IT ACTUALLY, THE ELEVATION GOES DOWN 7 87 77 60 DOWN HERE, OVER ON FM 2252. AND ACROSS THE STREET IT ACTUALLY GOES UP 8 28 38 48 50. SO IF WE WERE TO REQUIRE THE APPLICANT TO CONNECT TO THAT BELMONT POINT, WE WOULD REQUIRE THEM TO GO UNDER I 35 AND THEN UP THE HILL TO THAT POINT. SO THAT IS NOT A SUITABLE LOCATION. THUS THE REQUEST FOR THE WAIVER ENGINEERING HAS REVIEWED AND SUPPORT THE APPLICANT'S WAIVER REQUEST AND DUE TO THE DISTANCE FROM A SUITABLE CONNECTION POINT, STAFF DOES RECOMMEND APPROVAL OF PPP 2 0 2 4 0 0 0 8 WAIVER. COMMENTS OR QUESTIONS? ALRIGHT, THANK YOU SAM. COMMISSIONER'S COMMENTS OR QUESTIONS? MR. WALLS, THE ABUTTING LOTS, THEY ARE, UH, ON SIMILAR, I'M ASSUMING IT'S IT'S SEPTIC. YES, THEY'RE GONNA BE, UH, REQUESTING AN A ONSITE SEWER FACILITY, WHICH WILL BE PERMITTED THROUGH THE COUNTY OF KAMAL. OKAY. THAT'S IT. AND, AND THIS IS TYPICAL FOR THE, THE, THIS PARTICULAR PART OF SHIRTS. THERE'S A REALLY, UM, UM, WASTEWATER SERVICE IS PRETTY LIMITED UP THERE. AND, AND SO IT'S NOT UNUSUAL TO SEE THESE PROPERTIES IN THESE LOCATIONS TO COME IN AND ASK FOR THIS WAIVER. UM, THERE IS A PROVISION IN THE CODE THAT IF IN THE FUTURE WASTEWATER BECOMES AVAILABLE, THEY'LL BE REQUIRED TO CONNECT TO IT. SO ANYBODY ELSE? ALRIGHT, THIS IS OUR ACTION AND WE CAN, UH, EITHER APPROVE OR DENY THIS WAIVER REQUEST. SO IF SOMEONE WOULD LIKE TO MAKE A MOTION, I'LL MAKE A MOTION TO APPROVE PLPP 2 0 2 4 0 0 8. I'LL SECOND MR. WALLACE. YES. YOU OKAY. I HAVE A MOTION FROM COMMISSIONER MCMASTER AND A SECOND FROM COMMISSIONER WALLACE TO APPROVE PLPP 20 24 0 0 0 8 [01:10:02] TO WAIVER. ANY FURTHER DISCUSSION? YEAH, I HAVE TO SAY WAIVER, RIGHT? YEAH, WELL I, YEAH, YOU'LL SEE ON THE NEXT ONE. ANY POINT ANYONE? IF NOT, PLEASE RECORD YOUR VOTE. OH, SEE, LOOK, THEY'RE WAITING FOR ME. OKAY, WAIT A MINUTE. HOW DID MY, HOW DID MINE GET IN THERE? I DIDN'T. ALRIGHT, I'M GOING TO CLEAR IT AND ASK EVERYBODY TO VOTE AGAIN. OKAY. HANG ON A SECOND HERE. WHY? WANT TO LET ME CLEAR IT? YEAH, NO, IT'S ALL, THEY'RE ALL THERE. THAT'S WHY I'M SAYING I, I, I'M NOT SURE WHAT'S GOING ON IT. DO WE HAVE A, WELL WE, THERE WE GO. OKAY. SO IF, IF YOU WOULD ONCE AGAIN PLEASE RECORD YOUR VOTE. THE OUTCOME'S THE SAME. I SEE SEVEN VOTES, SO PLEASE PUBLISH THAT. ALRIGHT, WE HAVE SEVEN AYES. NONE OPPOSED THAT MOTION PASSES. THANK YOU. SIX BPLP 20 24 0 0 0 8 WITHOUT THE WAIVER SAYING THERE'S YEAH, THE OKAY CONSIDERING ACT UPON A REQUEST FOR APPROVAL OF A PRELIMINARY PLAT FOR THE SHIRT STORAGE SUBDIVISION CENTER SUBDIVISION, APPROXIMATELY SEVEN POINT ACRES OF LAND, GENERALLY LOCATED 2,800 FEET TO THE EAST OF IH 35 AND FM 2252 INTERSECTION, ALSO KNOWN AS KAMAU COUNTY PARCEL ID 7 3 2 5 6. CITY OF KAMAU COUNTY, TEXAS PPP 2 0 2 4 0 0 8 STORAGE CENTER SUBDIVISION PRELIMINARY PLAT, MAHA SENIOR PLANNER. SO AGAIN, SUBJECT PROPERTY HERE IS OUTLINED IN GREEN FM 42 TO THE NORTH IH 35 DOWN HERE TO THE SOUTH. ONCE AGAIN, THE PLAT EXHIBIT DEMONSTRATES THE SPLIT ZONING HERE, GB TO THE ABUTTING, THE I 35 M1 ON FM 42. IT IS APPROXIMATELY 7.78 ACRES. UM, IT SPLIT ZONING AS I'VE MENTIONED. AND THERE THEY'RE, UH, PRELIMINARY PLANNING ONE LOT. UM, AND THIS IS THE, JUST TO KIND OF SET THE CONTEXT HERE, THIS IS THE FIRST PLAT THAT WE'RE HEARING AFTER SEVERAL MONTHS AGO. WE MADE THOSE UDC REVISIONS GIVING STAFF, UM, APPROVAL AUTHORITY OF PLATS SINCE THERE WAS A WAIVER AND IT MAKES THE PLAT DISCRETIONARY. UM, WE STAFF FELT IT WAS BEST PRACTICE TO ALSO BRING THE PLAT BEFORE THE PLANNING AND ZONING COMMISSION, THE APPOINTED BODY HERE. UM, AND JUST IN THE FUTURE, YOU KNOW, ANY WAIVER THAT COMES BEFORE WE'RE GONNA RUN 'EM, UH, PAIRING WITH THE PLAT AS WELL. SO, UH, THE STAFF HAS REVIEWED THE PRELIMINARY PLAT. IT IS GENERALLY CONSISTENT WITH THE APPLICABLE REQUIREMENTS, ORDINANCES AND REGULATIONS OF THE PROPERTY. IT HAS BEEN REVIEWED WITH NO OBJECTIONS BY FIRE ENGINEERING AND PLANNING DEPARTMENTS. STAFF IS RECOMMENDING APPROVAL OF PLPP 2 0 2 4 0 0 0 8. OKAY. THANK YOU. SO YOU, YOU KNOW, YOU'RE READING MY MIND BECAUSE YOU ANSWERED MY QUESTION, BUT UM, COULD YOU MAYBE EXPLAIN TO ME A LITTLE MORE OF THE, YOU KNOW, WHY YOU, YOU KNOW, I CAN READ THE DISCRETIONARY NATURE OF THIS APPLICATION AND I'M NOT SURE CAN YOU, WHAT MAKES IT DISCRETIONARY? SO TECHNICALLY THE PLAT DOES NOT MEET OUR CITY CODES, RIGHT? IT DOES NOT MEET THE REQUIREMENTS OF THE, UM, ARTICLE 12 AND SUBDIVISIONS THAT YOU ARE REQUIRED TO CONNECT TO A ON TO A SEWER FACILITY, RIGHT? SO WE, WE GRANTED THE WAIVER, THAT'S WHY WE DID THAT FIRST, BUT, BUT, AND THEN IT'S STILL TECHNICALLY DISCRETIONARY 'CAUSE THEY DON'T MEET OUR UDC REQUIREMENTS. SO THE STATE LAW SAYS THAT IF THEY MEET ALL YOUR REQUIREMENTS, YOU JUST HAVE TO BASICALLY APPROVE 'EM, BUT BECAUSE THEY TECHNICALLY DON'T, BUT SINCE WE APPROVE THE WAIVER, WE'RE OKAY WITH THAT, THEN IT STILL HAS TO BE DECIDED UPON BY THE PLANNING ZONING COMMISSION. OKAY, GOOD. THANK YOU COMMISSIONERS. ANYBODY ALRIGHT AGAIN, ONCE AGAIN? I GOT ONE. I GOT ONE. OKAY. DOES THE, WHAT IS THE FACT THAT IT'S A SPLIT ZONING, DOES THAT HAVE ANY EFFECT ON THIS? ON WHAT CAN BE BUILT? OR IS THIS PROPOSED STORAGE FACILITY ALLOWED IN BOTH? YEAH, SO WITHOUT ME LOOKING IT UP, , SO IT'S GONNA BE ONE LOT. [01:15:01] THERE ARE DIMENSIONAL DESIGN REQUIREMENTS FOR EACH ZONING DISTRICT, RIGHT? YEAH. YOU CAN DO CERTAIN THINGS AND M1 YOU CAN DO CERTAIN THINGS AND GB AND TECHNICALLY THEY COULD, AND THERE'S PERMITTED USES DIFFERENT, UH, IN THOSE DISTRICTS AS WELL. NOW THEY BASICALLY EVERYTHING THAT'S IN GB, THEY CAN DO ALL THE GB STUFF AND EVERYTHING THAT'S IN M1, THEY CAN DO ALL THE M1 STUFF. SO IT, IT WILL AFFECT HOW THEY LAY OUT EVERYTHING. SO IF THEY'RE TRYING TO DO, AND, AND PEOPLE CAN NAME SUBDIVISIONS, WHATEVER THEY WANT. UM, SO I WOULDN'T, DON'T LET THAT, YOU KNOW, DECEIVE YOU ON WHAT THEY WERE TRYING TO DO WITH THE PROPERTY. BUT, UH, YOU KNOW, ESSENTIALLY WHATEVER'S PERMITTED IN M1, THEY WOULDN'T BE ABLE TO, THAT'S NOT PERMITTED IN GB. THEY COULDN'T DO IT ALONG THE I 35 FRONTAGE. DOES THAT MAKE SENSE? DOES THAT ANSWER YOUR QUESTION? DOES, YEAH. WELL BASICALLY, SO ALL WE'RE DOING, ALL WE'RE LOOKING AT TONIGHT IS THE PLAT, RIGHT? AND THE FOLLOW ON TO THAT THEN IS FOR THEM TO COME INTO, COME INTO THE CITY AND SAY, HERE'S WHAT WE WANNA BUILD AND THAT'S WHEN THE VARIOUS REQUIREMENTS OF GB VERSUS M1, THAT'S WHAT YOU'RE SAYING, RIGHT? AT THAT TIME YOU'LL TELL 'EM WHAT THEY CAN AND CAN'T DO. CORRECT. DOES THAT HELP RICHARD? YEP. ANYBODY ELSE? ALL RIGHT. UH, THIS, THIS IS AN ACTION ITEM FOR US. UH, WE CAN APPROVE OR DENY IF I COULD HAVE A MOTION. PLEASE MAKE A MOTION TO APPROVE PLPP 2 0 2 4 0 0 0 8. SECOND ON A SECOND FROM MS. GOLD. OKAY, WE HAVE A MOTION AND A SECOND TO RECOMMEND APPROVAL OF PLPP 2 0 2 4 0 0 0 8. ANY FURTHER DISCUSSION, COMMENTS, QUESTIONS, PLEASE RECORD YOUR VOTE. ALL RIGHT, I HAVE SEVEN VOTES IF YOU'D PUBLISH THAT PLEASE. HERE WE GO. WE HAVE SEVEN. AYE. NONE OPPOSED THAT. MOTION PASSES. ITEM SEVEN, REQUEST AN ANNOUNCEMENT. SEVEN. A REQUEST BY COMMISSIONERS TO PLACE ITEMS ON A FUTURE PLANNING AND ZONING AGENDA. ANYBODY HAVE ANYTHING? SEVEN B ANNOUNCEMENTS BY COMMISSIONERS CITY AND COMMUNITY EVENTS, ANYTHING LIKE THAT? ALL RIGHT, UM, SEVEN C, CITY STAFF, ANYTHING? OKAY, SO [8. INFORMATION AVAILABLE IN THE PLANNING AND ZONING COMMISSION PACKETS-NO DISCUSSION TO OCCUR] I HAVE A COUPLE OF SITE PLANS AND JUST AS A REMINDER, NO QUESTIONS. JUST PRESENTING THE SITE PLANS IF YOU HAVE QUESTIONS, COME SEE ME AFTERWARDS. SO THE FIRST ONE IS FOR SHIRT STATION LOT FIVE. IT'S ON THE INTERSECTION OF I 35 AND ILLA VALLEY DRIVE. SO YOU'LL SEE ALL FOUR SITE PLANS THAT I'M SHOWING ARE ALL WITHIN THAT SHIRT STATION SITE PLAN, EXCUSE ME, SHIRT STATION, PDD. AND THEN YOU'LL SEE KIND OF HERE, YOU'LL SEE ALL FOUR SITE PLANS AT THIS POINT. SO THIS IS THE FIRST ONE. IT'S A 12,000 SQUARE FOOT RETAIL AND FAST FOOD LOT. SIX IS A 12,000 SQUARE FOOT RETAIL AND FAST FOOD LOT SEVEN IS TWO SEPARATE BUILDINGS, WHICH WILL BE A TOTAL OF 16,400 SQUARE FEET. RETAIL RESTAURANT, FAST FOOD, THAT'S KIND OF THE MIX. AND YOU CAN SEE THIS IS THE TRUE HARD CORNER OF 35 ANDS VALLEY DRIVE. AND THEN LOT EIGHT IS AN 8,000 SQUARE FOOT RETAIL AND FAST FOOD THAT WOULD FRONTS VALLEY DRIVE. SO THOSE ARE THOSE FOUR SITE PLANS. AND THEN I HAVE ONE OTHER ANNOUNCEMENT. YOU MAY HAVE NOTICED A NEW FACE AMONGST OUR GROUP IF YOU WANNA OH MAN. SO WANTED TO INTRODUCE THE COMMISSION TO OUR NEWEST PLANNER, MADDIE COLE. SHE JOINED US ON MAY 20TH. SO SHE'S BEEN HERE A COUPLE WEEKS. UM, SHE COMES TO US FROM TEXAS STATE WITH A DEGREE IN GEOGRAPHY, URBAN PLANNING, AND THEN RIGHT. EAT 'EM UP. UM, ANYTHING YOU WANNA SAY? UH, THANK YOU FOR HAVING ME AND I'M EXCITED TO WORK WITH Y'ALL THIS COMING YEAR AND THE NEXT YEAR COMING UP. ALRIGHT, WELCOME. YEAH, WE'LL SEE IF SHE'S STILL SMILING SIX MONTHS FROM NOW, RIGHT? ALL RIGHT. IT IS, UH, SEVEN 19 AND THIS MEETING IS ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.